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.
answered on Jun 29, 2023
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
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.
The home is to be sold and distributed among the beneficiaries of the trust
answered on Jun 12, 2023
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.
My husband and I own three homes in Arizona as CPWROS. He has agreed that my share on two homes can go to my beneficiaries if I pre-decease him. I would file a beneficiary deed to accomplish this. I am sure the titles need to be changed from CPWROS. What is the best way to title the property so... View More
answered on Apr 24, 2023
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.
answered on Apr 7, 2023
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
I am representing my fathers estate in Arizona probate, I sent out notice to creditors documents to all known creditors, 1 came forward and I paid that one, the rest I have been contacting to see if the balance was charge off. Most have said that a balance remains but a claim wasn’t filed due to... View 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.
The beneficiaries (I am one) are disputing the final Accounting provided by the Trustee for various reasons. The Trustee has retained counsel to push our hand, but in reviewing the Trust, there is a section regarding "Conflict Resolution" that specifically states thar arbitration should... View More
answered on Sep 28, 2022
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
Im just trying to do what I can he past away in 2018 and my own family hasn't done a thing I'll pay almost anything
answered on Sep 12, 2022
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
answered on Aug 17, 2022
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
In Arizona, we live together for 8 years. Trust has no Medical POA. Only a will. We moved 3 mos. ago to mfg home in my name. Boyfriends IRA (I am beneficiary) and healthy checking. Balance. Revocable Trust dated 2017, attorney disbarred in 2018. No e-file.
answered on Jul 21, 2022
"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
Me and my sister are his heirs but my mom(divorced) is telling me that since the insurance company is rebuilding part of the house to keep it up to code, that they're actually going to charge for the repairs. Is that really true and what are mine and my sisters options? And does my mom have... View More
answered on Jul 18, 2022
An Arizona attorney could advise best, but your question remains open for two weeks. I'm very sorry about the loss of your father. Your question is a little bit complex and straddles a number of categories; I can only address the insurance-related ones. The insurance company's decision... View More
It's a complicated story. I've lived with my grandma since I was 10 days old, she claimed guardianship of me because her daughter was deemed unfit. My grandma passed in 12/2019 and I've still stayed here as I have nowhere else to go. I don't have friends and most of the family... View More
answered on Jul 15, 2022
Hire a competent AZ lawyer to determine Heirship. If you are an Heir, then record an Affidavit of Heirship and file suit for Partition against the other owners.
How do I protect my children from abusive relatives if something happens to me?
How long will it take to set up my Trust?
answered on Jul 11, 2022
Probate is expensive, time-consuming, difficult and public. I am not a fan. I do try to design plans for my clients that avoid probate.
You can help protect your children from abusive relatives if you put their inheritance in a trust with a professional fiduciary in charge. That way an... View More
my uncle has yet to tell me anything about a trust my mother left me when she passed away almost 3 years ago I only know a little because of my brother telling me .I've asked my uncle about it and still nothing .I think he is trying to cause a hardship that way I would be inclined to sell my... View More
answered on Jun 17, 2022
When a person has a trust, it becomes irrevocable upon their death. The successor trustee of has a fiduciary and legal obligation to report to the beneficiaries of a trust.
At a minimum, assuming you are a beneficiary, you should have been provided with, at a minimum, a copy of the... View More
He solely purchased the house in 2007. We met in 2014. I had our oldest child in 2016. We married in 2017. He refinanced the house in 2018 or 2019 but didn't want to put me on the home loan even though my credit score is consistently in the upper 830s - 840s. Our youngest was born in 2018.... View More
answered on Jun 13, 2022
The house belongs to him. A.R.S. 25-213(A) reads, "A spouse's real and personal property that is owned by that spouse before marriage ... and the increase, rents, issues and profits of that property, is the separate property of that spouse." As he owned before the marriage and never... View More
Plus he has a special clause for if one of the boys get disabled the trust is to help him and he does not get his 20%. Pays for other items medicare does not pay.
answered on Jun 2, 2022
I would recommend you talk to an attorney review the Trust. Trusts with special needs considerations are usually more complex than a regular trust. It is very likely the trust may only became irrevocable after the spouse passes away, not after the first person passes away. An attorney will need to... View More
In the case of divorce - Trust 1, which has a clause that names the beneficiary as spouse A & states distributions are not community property, owns an S corp (an LLC). The S corp paid distributions to spouse A, which were claimed jointly as non passive income in a community property state (AZ).... View More
answered on May 25, 2022
Unfortunately, you are asking a very difficult question. The answers hinge on the documents currently in place as well as the status of the divorce. The attorney will need to see if there is premarital agreement in place. If so, that agreement may control. We also need to look at the S... View More
My father passed away September 2021. He left several items in his will to me, and left many items unresolved in his estate. He lived on property owned by his 10 year long life partner (unmarried). The partner is not allowing anyone on site nor is she answering any requests for specific heavily... View More
answered on May 15, 2022
Unfortunately this happens too often. The life partner probably feels some entitlement and does not want to deal with the fact that she (or he) has no legal right to your father's property. It is concerning that this has been allowed to linger since September, but I your recommend drafting a... View More
answered on Apr 27, 2022
Retention periods vary from firm to firm. You would have to ask the particular firm what their retention period is.
retention periods vary from firm to firm. You would havr to
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