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Arizona Estate Planning Questions & Answers

1 Answer | Asked in Estate Planning for Arizona on

Q: Mother died and has a trust to be shared with 3 siblings. She also left a will to share the house and other things.

One brother wants to buy house which we agree on. Now we are told to add it to the trust by a lawyer retained by this sibling who is also the executor of the trust? Is that necessary? If so why and what are the advantages?

Nina Whitehurst answered on Aug 15, 2019

There is no way to answer your question without reviewing your mother's trust and her will and the latest vesting deed.

2 Answers | Asked in Estate Planning, Elder Law and Probate for Arizona on

Q: How can I verify that my mother's will and testament is legal and names me executor and distributor of all property?

Several months ago, my mother (who passed away last week) put together a last will and testament (based on a form from WillForms.org for the state of Arizona). It is signed, notarized, and doubly witnessed by two individuals not receiving any property under the will.

The will names me as... Read more »

Nina Whitehurst answered on Aug 7, 2019

Show it to a local probate attorney. You are going to need to hire a probate attorney anyway to help you probate your mother's estate anyway. Your mother's things do not automatically vest in you; there are steps that need to be taken, and the sooner you take those steps the better.

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1 Answer | Asked in Probate, Elder Law and Estate Planning for Arizona on

Q: How can I stop my sister from spending my mom's money?

Mom has dementia and is in a assisted living home, a very expensive home. My sister is the Executor of the will and I think she may have guardianship or POA. Long story short but when we moved mom we decided as a family to spruce up the family home and rent it out to offset her costs. My sister has... Read more »

Peter H. Westby answered on Jul 23, 2019

I recommend that you consult an attorney about a conservatorship. Appointing a conservator will provide competent help for your mom with her financial affairs and safeguard her assets. A conservator is supervised by the court and must account annually.

If there already is a conservator...
Read more »

1 Answer | Asked in Estate Planning for Arizona on

Q: Can a child of a deceased who has p of a while the deceased is still living transfer money from accounts before or after

Ryan K Hodges answered on Jul 15, 2019

It looks like your questions was cut-off. Please resubmit it.

1 Answer | Asked in Estate Planning and Probate for Arizona on

Q: My father passed away in June of this year as a resident of Arizona.

My sister and I live in MA, My father was married to a woman who he shared no children and my sister and I were a previous marriage. He left no will. How do My sister and I protect our inheritance rights? The wife was hesitant to give us a photo album from our childhood never mind our inheritance.... Read more »

Mike Branum answered on Jul 15, 2019

Under Arizona law, when a married person dies without a will and has children from a previous marriage, the children from the previous marriage are entitled to one-half of all property that belonged solely to the person who died and half of the deceased's half of the community property. What... Read more »

1 Answer | Asked in Estate Planning for Arizona on

Q: My dad wants to make me the executor of his estate and he needs to make a will. How quickly can this be done?

Father has net worth in millions including real estate, precious metals, stocks, insurance, etc.

Ryan K Hodges answered on Jul 12, 2019

Estate planning can be done fairly quickly, within a few weeks or faster if the circumstances require it. You should contact an attorney to get the process started.

1 Answer | Asked in Estate Planning and Probate for Arizona on

Q: My aunt died with no will. I am her niece. She has a mobile home and car not worth more than 10 k. Can I sell them?

I am a niece only. There are no spouses, no children, no sisters, no brothers, I am the only niece and only family. She lived 40 miles from me however, she was sort of a recluse. Her mobile home isn't worth more than 5K and an old car. How do I take possession of items left in the mobile home, as... Read more »

Mike Branum answered on Jun 24, 2019

If you are truly the sole and closest living relative, you may file a small estate affidavit with the probate court (under $75,000 if she did not own the property on which the trailer sits, under $100,000 if there is "real property" (real estate) involved. There are a number of websites (use the... Read more »

1 Answer | Asked in Divorce, Estate Planning, Family Law and Arbitration / Mediation Law for Arizona on

Q: will I get 1/2 of the equity?

Hi,

I am filing for divorce, we bought a house together under his name only after we had a foreclosure under my name. We were married a year after. we both have always paid 1/2 of the bills and even the down payment for the house was 1/2. we refinance and added my name 3 years ago. I do... Read more »

Mike Branum answered on Jun 20, 2019

In Arizona you are entitled to 50% of the community assets and responsible for 50% of the community debt unless you have evidence to clearly demonstrate why there should be an inequitable distribution.

2 Answers | Asked in Estate Planning and Real Estate Law for Arizona on

Q: Can one attorney handle deed issues in 2 different counties in Arizona?

Mom is in hospice in Texas. She owns a property in Maricopa and Gila counties. Will need to get daughters name added to the deeds of these properties and on the Maricopa property we need to remove her husband who passed away.

Ryan K Hodges answered on Jun 5, 2019

Yes, an attorney should be able to handle deeds in two different counties within Arizona. Deeds from other states may be a problem.

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1 Answer | Asked in Estate Planning for Arizona on

Q: Do i have any right to contest a will (trust) that specifically excluded me and left out my brother?

all of these apply: (1) the will an "unnatural disposition" - are two of the person's three children excluded with only one inheriting? (2) Did the new beneficiary start taking assets before the person passed away? (3) Did the new beneficiary end up with almost all of the person's assets to the... Read more »

Ryan K Hodges answered on May 8, 2019

Probably. You should consult with an attorney to discuss the specifics of your case.

2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Arizona on

Q: My fiance and I are trying to assume her parents property in AZ. We live in WA and not sure how the process would work.

We dont want to go through an agent. Just wanna refinance their current mortgage to have our names on it.

Peter H. Westby answered on May 2, 2019

You have described what amounts to a purchase of a home. A purchase contract is needed and I recommend that an escrow be opened with a local title company to handle the transfer. Then you would apply for a new loan to pay off the existing financing on this property. Your lender will also want... Read more »

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1 Answer | Asked in Estate Planning for Arizona on

Q: Can a trustor remove assets from a revocable trust? How does that effect the trust after death?

Ryan K Hodges answered on Apr 24, 2019

If the trustor is also the trustee or retained the power to direct the trustee regarding property distribution, then the trustor can, in effect, remove assets from a trust. After the death of the trustor, the assets will not be part of the trust, and a probate of trustor's estate may be needed for... Read more »

2 Answers | Asked in Estate Planning and Probate for Arizona on

Q: How do I file an objection to set aside administration? I question the validity of my dad's will.

He was sequestered from me by my brother, a new will was produced dated 6 days before he died of cancer, specifically excluding me and naming my brother sole beneficiary and I did not receive proper notice of the hearing. My other brother, though estranged, was not listed in the will as a... Read more »

Peter H. Westby answered on Apr 17, 2019

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.

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1 Answer | Asked in Estate Planning for Arizona on

Q: I want to transfer my home into a revocable trust. I was told I need to submit an affidavit of property or state an exe

exemption. What exemption applies?

Ryan K Hodges answered on Apr 12, 2019

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.

1 Answer | Asked in Estate Planning for Arizona on

Q: my husband and I jointly own new vehicles with clear titles, don't yet have wills but intend for them to go to our son.

If we appoint him POA with the ADOT MVD form 48-1001 can he transfer the titles to his name in case we are unable to before our wills are drawn up? could he also do that with a durable generable POA?

Ryan K Hodges answered on Apr 10, 2019

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... Read more »

3 Answers | Asked in Contracts and Estate Planning for Arizona on

Q: When does a POA expire? At death?

Ryan K Hodges answered on Apr 10, 2019

A POA can have a specified time to expire. If it does not have a stated expiration date, then it ends at death.

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1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Arizona on

Q: Is there a specific format that an amendment to a Revocable Living Trust in Arizona must be in to be considered legal?

Can an amendment to a living trust be challenged in court and overturned by an interested party in the trust based on incorrect format of the amendment, which was drafted by a legal document preparer and not a lawyer, and if so what would be the process or specific form to complete for an... Read more »

Ryan K Hodges answered on Mar 11, 2019

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.

1 Answer | Asked in Estate Planning and Family Law for Arizona on

Q: My grandmother passed away and my mother was her executor, my mother passed away in November of 2018 I'm told someone

New has to be appointed executor it is for stock we can't get the money until then we are still getting dividend checks I'm not cashing them. What do I do?

Ryan K Hodges answered on Mar 9, 2019

You may need to get a new executor appointed depending on the status of the estate and remaining assets. You should consult with a probate attorney.

1 Answer | Asked in Estate Planning for Arizona on

Q: Is a joint tenancy deed executed and notarized 2017 not recorded until 2019 is it still valid

Ryan K Hodges answered on Feb 28, 2019

The deed is probably still valid assuming the owners under the deed have not sold their interest in the meantime.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Arizona on

Q: Forclosure auction on property that is in a Trust, my 5% inheritance is in jeopardy. Estate Rep is doing nothing.

My Aunt died 7/2015. I am to receive 5% of estate. Everthing was in a Trust, the executives are 2 of my older siblings (both are attorneys in NY) I need advice on a Flagstaff property (she put in her trust 2006) being auctioned off on 12/21/2018. The mortgage, also from 2006 for $270,000 was... Read more »

Ryan K Hodges answered on Dec 5, 2018

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.

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