Peter H. Westby's answer This is a complicated matter and I strongly recommend that you hire a probate lawyer to assist you. Since the proceeding is in Nevada, you should speak with a Nevada probate lawyer.
Ryan K Hodges' answer The exemptions are found at A.R.S. § 11-1134, https://www.azleg.gov/ars/11/01134.htm. Subsection (B)(8) usually applies to transfers to trust, but you should review it and the others to be sure it fits your situation.
Ryan K Hodges' answer An agent under a power of attorney cannot usually transfer assets to himself. That is typically considered self-dealing and not allowed. On the other hand, you may look into ADOT MVD Form 96-0561, Beneficiary Designation for Vehicle Title Transfer Upon Death, and really you should get a last will and testament in place.
Ryan K Hodges' answer An amendment can be challenged if it does not comply with the form of an amendment provided for in the trust or if it has other legal defects. As far as I know, the court does not offer a particular form for doing so. The court has a generic objection form that could be adapted to that purpose.
Ryan K Hodges' answer If the house is auctioned for more than is owed, then the excess proceeds should be turned over to the trust. You would still receive your share from those excessive proceeds. The downside is that houses usually sell for less than at auction than they would in a private sale.
Ryan K Hodges' answer Having her on the deed is a good step. If the deed states that you own it jointly with rights of survivorship, then she will become the sole owner upon your death. This, however, does not remove or invalidate the mortgage in any way. The debt will still need to be paid.
Ryan K Hodges' answer The estate planning laws are different. However, Arizona will generally recognize a will that is validly executed in another state. You may still want to consult an attorney about your estate plan and documents.
Ryan K Hodges' answer If you are both on the deed with rights of survivorship, then upon the death of the first spouse, the survivor will automatically become the sole owner. However, this done eliminate liens or mortgages that may be against the property. Those will still apply.
Ryan K Hodges' answer Self-made wills can be valid just like ones done by attorneys. If it is type-written, it must be signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction and signed by at least two people, each of whom signed within a reasonable time after that person witnessed either the signing of the will or the testator's acknowledgment of that signature or acknowledgment of the will. Notarization is actually not...
Ryan K Hodges' answer Depending on the value of the properties, the heirs could use a small estate affidavit to transfer the properties to themselves without the need for a full probate. The court probably has the forms on its website, depending on what county they are in.
Ryan K Hodges' answer The amount of information you are entitled to depends on whether the assets are held in an estate or trust. If it is an estate, the personal representative must give you an initial inventory from the date of death and an income and expense report (i.e. accounting) from then until final distributions. If it is a trust, the trustee must provide similar information from time that the trustee is appointed, which is usually the date of death, but it may not be. See ARS Title 14, Chapter 3, Articles...
Peter H. Westby's answer This depends upon the instructions given to the Trustee in the Trust. It may be appropriate. If the Trust is unclear or if you believe that the Trustee is acting improperly, an action can be filed with the Court to address these issues. Where a Trustee is abusing his/her authority, the Trustee can be removed by the Court and a new Trustee appointed. I recommend that you review the facts of this matter with an Attorney. Once your attorney has reviewed the trust document and learned all of...
Ryan K Hodges' answer Because the estate is proceeding under NM law, you will need to ask NM attorney for sure. Frankly, the estate will probably need to sell the vehicles to clear title and pay off the lienholders.
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