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Arizona Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Can a will be in the form of a text message from the deceased?

My cousin passed and intended.tonpass along everything to me he stated this in a text. He was not able to complete a formal will prior to his passing.

Peter H. Westby
Peter H. Westby
answered on Sep 16, 2024

A text message is not a will in Arizona. In most cases in Arizona, a valid will must be signed by the decedent and witnessed. Or it must be wholly in the decedent's handwriting and signed by the decedent. Your text message appears to be an indication of the decedent's intent at the end... View More

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: if you are guardian and conservator can you take the beneficiary's name off the trust and open one up in your name only
Peter H. Westby
Peter H. Westby
answered on Sep 12, 2024

If you are a guardian and conservator you are working under court supervision. It is strongly recommended that you be represented by counsel and clear all action with your attorney in advance of proceeding. You have provided insufficient information to properly evaluate the course of action you... View More

1 Answer | Asked in Estate Planning for Arizona on
Q: Can a notary make you cross out a line in your will?

I went to a bank to get my simple will notarized and he would not notarize it unless I has a Doctors note saying I am of sound mind and body. I have never heard of such a thing. The will clearly states that I am stating I am over 18 yrs old, of sound body and mind, and under no constraint and... View More

Anthony M. Avery
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answered on Jul 8, 2024

A notary cannot make you do anything. However you cannot make the notary seal a document either. You may wish to find another notary, and probably some witnesses. Better yet, hire an AZ attorney to draft and execute your Will. Apparently there is something clearly odd or wrong about the... View More

1 Answer | Asked in Land Use & Zoning, Probate, Energy, Oil and Gas and Estate Planning for Arizona on
Q: My dads wife hid assets and alot of mineral and oil rights so I can't find them.im rep of estate,only heir, how to find?

My dad and grandpa had alot of mineral rights I am rep of estate, only heir on,y child, his wife lied to judge and said he had no child I proved I am only child, she has

Gifted and illegally sold some if his assets that should of went to me when she passed, can't find estate house,... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. It sounds like you have been thrust into a difficult role as rep (do you mean administrator or executor?). Maybe the best thing for you do would be to consult with an attorney who handles wills, trusts, estates.... View More

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: What's my next move if after being named in the will (and by court) PR, someone has apparently petitioned as PR as well?

They have been given a case number as well. I would really like to keep this an informal probate. The other party is an estranged step father..HELP

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on May 7, 2024

Unfortunately, unless the estranged stepfather is going to withdraw voluntarily you are going to have to petition the court formally. I suggest that you may need legal counsel to advise you. A demand letter may be the first step to avoid any litigation, but if there is no positive response a formal... View More

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: What's my next move if after being named in the will (and by court) PR, someone has apparently petitioned as PR as well?

They have been given a case number as well. I would really like to keep this an informal probate. The other party is an estranged step father..HELP

David Gerszewski
David Gerszewski
answered on May 7, 2024

I would advise you to contact a probate attorney that can deal with contested matters. You will have to petition to the court if the stepfather doesn't withdraw. If the stepfather was married to the person that passed away at the time of their passing they may have priority as well. One way or... View More

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1 Answer | Asked in Estate Planning for Arizona on
Q: Since my dad died does my mom get my paternal grandpa’s inheritance?

My dad died 8 years after my grandpa before any disbursements. The trust says it will go to his children and grandchildren. There is also a part that mentions children preceding him in death and living issues getting their portion. My mom thinks since my dad was alive when my grandpa died that she... View More

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Mar 31, 2024

In Arizona, an inheritance is generally considered to be separate property when received. If that applies your father's inheritance did not become community property. Therefore your mother is not entitled to the inheritance. However, in Arizona, spouses have significant inheritance rights and... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Father passed away, his name forged on quitclaim, notary found to not be diligent and got commission revoked.

My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Mar 21, 2024

I agree with attorney Whitehurst that you must act immediately to hire an attorney. While you may certainly consult with a real estate litigation attorney I would suggest that you consider a consultation with a probate attorney that handles probate litigation. While very similar since it affects... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Father passed away, his name forged on quitclaim, notary found to not be diligent and got commission revoked.

My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More

Nina Whitehurst
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answered on Mar 21, 2024

You need a real estate litigation attorney to file a lawsuit against your sister to have the deed declared void due to forgery. Do not delay. But in the meantime, if you get a whiff of the house going under contract then contact the escrow company and pointedly inform them that there is reason to... View More

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1 Answer | Asked in Estate Planning, Tax Law, Business Law and Securities Law for Arizona on
Q: LLC for brokerage trading account and investment account?

I am a day trader with a 475 mark-to-market election, and I have a brokerage account where I am actively trading. I also have an investment account, in which I do not trade and a separate IRA account.

My husband runs a small company as a sole proprietor. Since his business carries a high... View More

James L. Arrasmith
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answered on Mar 14, 2024

Creating an LLC and transferring your brokerage accounts into it can provide an additional layer of asset protection, as it separates your personal assets from your husband's business liabilities. However, there are several factors to consider:

1. Charging order protection: Arizona...
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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Can i sue my brother for a percentage of the sale of our dad's house?

My dad died and left his house to my brother. My brother sold the house and didnt give me the money he promised. Am i entitled to percentage of the sale?

Marcus N. Seiter
Marcus N. Seiter
answered on Mar 5, 2024

I am sorry that you lost your father. I am also sorry that your brother did not keep his promise to you. However, if your father gave his house solely to your brother outright and free of any trust as your brother’s inheritance, then you are not entitled to any proceeds of the sale when your... View More

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1 Answer | Asked in Family Law and Estate Planning for Arizona on
Q: My husband has a brain injury. I don't want him to get my money if something happens to me?

My daughter is on my checking and savings account and my husband is not.

James L. Arrasmith
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answered on Jan 11, 2024

In Arizona, if you wish to ensure that your husband does not inherit your money, it's important to have a clear estate plan in place. This can include a will or trust that specifies how you want your assets distributed upon your death.

Since your daughter is already on your checking...
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1 Answer | Asked in Estate Planning for Arizona on
Q: My father passed away in December 2022. He had a Will and a Trust listing his 3 adult children as recipients of all

assets and a niece as Trustee. The 3 of us do not have a copy of the Will or Trust and have not had a meeting to have them explained to us by the lawyer. The lawyer will only talk to the Trustee and Trustee refuses to allow us to attend a meeting with her. She said all assets were in the Trust... View More

David Gerszewski
David Gerszewski
answered on Jan 4, 2024

The lawyer's position is right. The lawyer represents the trustee. You can hire your own lawyer to discuss matters with the trust lawyer if you want. Your cousin should still follow guidelines for administering the trust according to Arizona law.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: How can I correct an error on a Voluntary Administration Statement after it has been certified?

I listed the wrong year, but the correct VIN number on the form for a car. The RMV in Arizona will not accept the form because I listed the wrong year. It should be 2013 Honda Civic, I listed it as 2014.

Thanks!

James L. Arrasmith
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answered on Jan 1, 2024

To correct an error on a Voluntary Administration Statement in Arizona, particularly one involving a vehicle's year of manufacture, you'll need to file an amended statement with the correct information.

Start by contacting the probate court where you filed the original Voluntary...
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1 Answer | Asked in Estate Planning for Arizona on
Q: Executor of estate has had estate attorney ask for a 2nd extention to close estate. I am an heir and I do not agree.

It will be 3 years in Oct house sold 2 months ago I need my money now and she knows this and is stalling the closing. She is putting me into dire straits. How do I get this info to the judge?

T. Augustus Claus
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answered on Sep 1, 2023

If you, as an heir, believe that the executor of the estate is unduly delaying the closing and distribution of the estate, it's crucial to take action to protect your interests. Start by communicating your concerns directly with the executor, emphasizing the urgency of your need for the... View More

1 Answer | Asked in Bankruptcy, Estate Planning and Foreclosure for Arizona on
Q: An irrevocable trust, property as an asset in that irrevocable trust, and collection of delinquent HOA fees in Arizona.

I and my wife are the beneficiary of an irrevocable trust (the settlor is deceased). After speaking with the trustee/attorney, we chose to not transfer the title out of the trust until my wife and I felt comfortable. In addition, my wife and I live in the home (and have since before the trust was... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 13, 2023

Have an experienced attorney in AZ examine your HOA covenants with a title examination of the residential property. Most probably, The Homeowner's Association enjoys written covenants in the real estate records that apply to each property and give it a right to impose the debt with priority... View More

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: My domestic partner of 15 years justpassed and his daughter who doesn’t even live in this state is taking over my home.

How can I obtain legal rights to stay in my home for 6 mos

Marcus N. Seiter
Marcus N. Seiter
answered on Jul 5, 2023

I am sorry for your loss. To fully answer your question, an attorney would need some more information like: (1) How was the home titled at your partner's death? (2) Did your partner have a valid estate plan (Will, Trust, etc.) that includes this home and, if so, does that plan spell out any... View More

1 Answer | Asked in Estate Planning for Arizona on
Q: AZ Pro. Rules of Conduct, rule 2.4 comment 2, seems to direct Attorney's acting in the Capacity of an Arbitrator to AAA.
John Michael Frick
John Michael Frick
answered on Apr 7, 2023

Yes it says: "Lawyer-neutrals may also be subject to various codes of ethics, such as the Code of Ethics for Arbitration in Commercial Disputes prepared by a joint committee of the American Bar Association and the American Arbitration Association or the Model Standards of Conduct for... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Arizona on
Q: Deed has both deceased parents name. Mothers will gives house as living estate to two children. Which proceeds?

Father passed in 2014. Mother passed in 2022.

Marcus N. Seiter
Marcus N. Seiter
answered on Apr 6, 2023

Assuming AZ house was owned JTWROS between parents, then when dad passed in 2014, the house effectively belonged solely to mother (even though nothing was recorded to reflect that). Then in 2022, the house became part of mother's probate estate. The Will giving the life estate probably governs... View More

1 Answer | Asked in Estate Planning for Arizona on
Q: How to transfer our home title to our revocable living trust using a Quitclaim.

Should the GRANTEE on the Quitclaim form be the name of our trust?

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

In order to avoid tax problems and the potential loss of federal bankruptcy exemptions as well as state law exemptions, you definitely need to consult the attorney who set up your revocable living trust.

This is not a do-it-yourself project. Just like you would never ever try to set up a...
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