T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

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

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

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

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... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

As a beneficiary of the POD account, you may have a claim to the funds in the account. However, whether the beneficiary of the deed is obligated to reimburse you for the mortgage payment may depend on the terms of your sister's estate plan and any applicable state laws.

If your... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2023

Partition Sale is probably the only remedy here. Asking for contribution will most likely be denied.

At our law firm we do not talk to beneficiaries, only with the executor that hired us. We advised beneficiaries to look for their own attorney and legal representation.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2023

Either offer her enough money for her to execute a deed to you of her interest....Or file suit for a Sale For Partition. This assumes you and her are tenants in common. You might want to have an AZ attorney search the title.

There are several ways of doing that. A few examples are a life insurance policy that will give her the proceeds need to make payment or make sure she receives adequate funds from your estate plan to ensure the home is paid off. This question would definitely be best posed to an experienced estate... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2023

Usually the Trust Protector can be anyone, but you have to read the Trust Terms. If not a lawyer, that individual will not know what to do to protect the Trust purposes.

I would recommend you talk to the successor Trustee of the Trust or have an attorney review the trust. A beneficiary may or may not be able to enter the house.

Your question is not as straightforward as you would think. It will depend how the houses are acquired as well. I would recommend you work with an estate planning attorney to design a strategy to accomplish your goals. A beneficiary deed will not necessarily accomplish it.

American Arbitration Association ("AAA") is a nonprofit organization, not a government agency like a professional licensing board. Arbitrators who agree to arbitrate cases through AAA are required to follow its rules and guidelines, regardless of what state they may be licensed to... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2023

If no claim was submitted, then the Estate does not have to pay except possibly for some governmental claims. Is the Estate closed? If not, then consult with a competent AZ attorney about how to close it with minimal payout.

Thank you for your question. Getting to arbitration is a process, which generally requires a law suit to be filed. The language seems clear but it is not. The language is saying that a lawsuit which is governed by arbitration is generally less expensive than a full blown law suit. Both choices... View More

Thank you for your question. It is important that you know that transferring real estate under circumstances like this can be very complicated. I recommend that you work in stages. The first thing your must do is find out if your father is still the legal owner of the property. Contact a real... View More

This sounds like you are attempting to use a beneficiary deed instead of a proper estate plan.

Beneficiary deeds are intended to be used for simple transfers of real property after a person's death. While what you are suggesting can be inserted in the deed, it is highly likely that... View More

"Now what?" is a really vague question, but I am answering with the presumption that your question is "how do I make my boyfriend my medical POA?" You need to execute a medical POA and provide the hospital a copy.

You can find the form for the State of Arizona here:... View More