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Arizona Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Arizona on
Q: Mom & husband were married. Their house was in a trust. He passed away. Mom lived there a couple more years alone.

Trust stated that upon sale of house, she receive 50% of the proceeds and 4 adult kids (2 from his previous marriage and 2 from hers) receive the other 50% of the proceeds divided evenly. She sold the house and is still living. Is this considered inheritance for the kids?

Ilene L McCauley
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Ilene L McCauley
answered on Apr 4, 2022

Based upon the information you provided, the distribution is an inheritance to all parties.

However, there is more information you need to know. Even though the asset is an inheritance, there may be capital gains tax which must be paid upon the sale of the house. The house got a new...
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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: What happens if the Maricopa County Public Fiduciary failed at locating proper next of kin or an honorable discharge?

My husband was found dead from suicide in 2005 and was handed over to the public fiduciary office as an "indigent" but they failed to figure out that he was a veteran with an honorable discharge or to locate me in the same county, or his father who was listed in the phone book in AZ!... View More

Andre L. Pennington
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Andre L. Pennington
answered on Mar 26, 2022

In short, it depends on the steps taken by the fiduciary. I recommend contacting an experienced probate attorney to discuss.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: My mom had executor/probate powers over her mother's estate, my mom died before finishing it. Am I responsible for it?

My grandmother passed away, leaving behind my mother and her sister. My mother is/was the executor/probate/representative for grandmother. My mother passed away in January and I am now her executor/responsible person. Am I in charge of my grandmother's estate now too, or does that fall to my... View More

Andre L. Pennington
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Andre L. Pennington
answered on Mar 25, 2022

Sorry for your losses ... it will go by the order in the Will or if there is no will it sounds like your Aunt will need to petition the court to replace your mother as personal representative. It may be helpful to contact an experienced probate attorney to help guide through the process. Good... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Arizona on
Q: I filed TOD deed, but now want to transfer the property into my trust. Does quitclaiming into the trust cancel the TOD?

I am in Arizona. I am the sole owner of the property. Do I need to file a deed revocation, revoking the beneficiary deed first, or will the quitclaim deed be sufficient to maintain chain of title?

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Mar 17, 2022

The proper way to do this is to record a revocation of the beneficiary deed and then record a deed from you to the trust. Quitclaim deeds are an invitation to potential disasters.

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1 Answer | Asked in Estate Planning for Arizona on
Q: In Arizona - after a death is there a certain timeframe the legal process needs to be started within?

For example - from the time the executor of the estate gets the will or from the date of death - any processes have a time limit - forming the estate, any taxes that need to be handled etc.. is it reasonable to wait 6+ months to begin any of this process

Douglas Price
Douglas Price
answered on Mar 14, 2022

Yes, there is a time limit and it is generally 2 years from date of death. A probate should be filed before this time to be "timely" although a "tardy" probate can be filed after 2 years with "restricted" letters. Generally, it is better to act sooner rather than... View More

1 Answer | Asked in Consumer Law, Estate Planning, Foreclosure and Real Estate Law for Arizona on
Q: Law or protection for deceased's home loan assumption by a Joint Tenant owner not not already listed on the mortgage?

Father-in-Law helped his daughter by buying a trailer home for her. The trailer is in Arizona where he also lives (but not in the trailer with her). She has lived in the trailer since 2000 when her Dad purchased it.

Daughter was added to the deed as Joint Tenant (JTWROS) couple years... View More

Nina Whitehurst
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answered on Mar 2, 2022

You are wise to be thinking about this proactively. The federal law that prohibits lenders from calling the loan due when the borrower dies applies to traditional homes and also "residential manufactured homes", so the answer depends on whether the home is a "residential manufactured... View More

1 Answer | Asked in Estate Planning for Arizona on
Q: What are the requirements for needing to file tax returns for a Revocable Living Trust and Probatable Estate in Arizona?

If a deceased person had both a Revocable Living Trust as well as Probatable assets, what are the requirements for Federal and Arizona State tax filing?

If the trust & estate are both settled in the same year the person dies, do the trust & estate need to file taxes?

Is... View More

Ilene L McCauley
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Ilene L McCauley
answered on Mar 1, 2022

I am sorry for your loss. These are excellent questions. I will give you the general rules. Then I recommend you see an accountant who knows about filing income tax returns for trusts and for probate estates.

Legally a Probate Estate and a Trust whose Trustmaker is deceased (trust...
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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: How much does a probate lawyer cost? How are they paid beginning or after? Is there any pro bono probate lawyers can hel

I need information on my parents who passed away and sister who is controlling the will and it's not allowing me any information on it of their state of their will of their house of any funds or any anything for that matter. What's the best way how to handle this matter?

Ilene L McCauley
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Ilene L McCauley
answered on Nov 29, 2021

The State Bar of Arizona has a service where lawyers volunteer to work pro bono. or with out cost. Contact the State Bar directly. Someone will be able to help you.

FYI. The State Bar of Arizona may still be on lockdown. If you don't hear from them within a reasonable amount of...
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1 Answer | Asked in Criminal Law, Divorce, Estate Planning and Domestic Violence for Arizona on
Q: My wife and i had a falling out after 20 years

My wife and I separated in 2018. I couldnt take the abuse from her anymore. In 2019 when driving down the highway she throat punched me and was hitting me one handed while doing 80 mph so I ripped the ebrake in total fear for my life. She was arrested on assault per domestic violence. We owned 3... View More

Rich J. Peters
Rich J. Peters
answered on Nov 6, 2021

So much to digest there. However, the overall concept of proof is an easy answer. What proof do you have? Pictures? Text messages? Emails? Eyewitnesses? There can obviously be even other methods of proof but I would need to know the details of each event.

Do you have a pending...
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1 Answer | Asked in Estate Planning and Elder Law for Arizona on
Q: If your lawyer passes what happens to all his files do they go to someone else or do they get thrown out
Nina Whitehurst
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answered on Oct 26, 2021

Normally the attorney will have designated another attorney to take over his files when he passes. If not, then a court will usually get involved to appoint an attorney to take over the files. The designated attorney takes custody of the files and goes through them and does his best to return all... View More

1 Answer | Asked in Estate Planning for Arizona on
Q: Am I considered the issue in the following statement?

My father was deceased as this Trust was written, he was the 3rd child of the Grantors', is he meant by the term issue?

Upon the death of both of the Grantors, the Trustee shall pay and distribute the

trust estate at that time remaining to the Grantors' issue, Sandra xyxy... View More

Ilene L McCauley
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Ilene L McCauley
answered on Oct 11, 2021

Thanks so much for the question.

Unfortunately, trusts are complicated documents and the answer can probably be found in the trust. The terms of the Trust will control, not necessarily the laws about issue per stirpes.

Is your father a brother to Sandra and Patricia? Is he...
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1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Arizona on
Q: A deed to a house was divided by the two owners. If one of them dies and can the new owner claim possession?

My father and his wife own a home. They do not have children together, he has 2 from a previous marriage. His kids have the house deed to his half, and one of her nephews has the house deed to her half. If the wife dies before my father, can her nephew claim possession to his half while my father... View More

Mike Branum
Mike Branum
answered on Sep 30, 2021

The answer will depend on whether the deed created a tenancy in common, a joint tenancy, or a joint tenancy with right to survivorship. You should obtain a copy of the deed which transferred the interests and consult with a real estate attorney to determine what rights each party holds.

2 Answers | Asked in Estate Planning for Arizona on
Q: With a trust is the trustor sappose to intial every page, then the signature w/ notary on last page?
Andre L. Pennington
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Andre L. Pennington
answered on Sep 23, 2021

While it can be done like this, it is not uncommon to see Trusts that do not have initials on every page.

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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Is my share worth the market value of the property in 2021 or the market value at the time of his death in 2011?

I inherited my father’s share of a home that is titled “Tenancy in Common”. The other owner is his 2nd wife of 35 yrs. In his will, she has a life estate of my father’s share. My father passed 10 yrs ago. His will has not been probated; 50% of title is still in his name. The wife is... View More

Ilene L McCauley
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Ilene L McCauley
answered on Sep 17, 2021

I am sorry for the loss of your father and all of these challenges.

Unfortunately I cannot answer your question about value of your interest, without reviewing your father's will, and without additional information. I strongly urge you to find an attorney in the county in which the...
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1 Answer | Asked in Estate Planning for Arizona on
Q: Can you help me ProBono?

My son and I are receiving assets and monthly payments I have 3 sons that are and 2 homes

Stephen M Vincent
Stephen M Vincent
answered on Jul 9, 2021

You can try one of these services:

Community Legal Services: (602) 258-3434

Legal Aid of Arizona: (480) 658-2552

Arizona Bar Foundation: (602) 340-7366

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: If I am not on my mom's bank account and she passed away, am I responsible for the "overdraft"?

My mom got SSI direct deposited every month of $947. It is supposed to deposit to her account the 3rd of every month. However, her money has always hit a few days before that. She got her March check deposited on 02/26/2021. She paid her rent, bills, etc. She passed away on March 2nd with a whole... View More

Stephen M Vincent
Stephen M Vincent
answered on Jul 6, 2021

I am answering here just to let you know that this is not a family law question. This is a question for a probate attorney. Family law refers to divorce and child custody cases. I think that because it was labeled family law, you haven't received an answer because this isn't an issue... View More

2 Answers | Asked in Estate Planning for Arizona on
Q: Can a errevocable trust be changed. My step mom is trying to remove me from my dad's and hers trust. My dad has passed

I was a successor to the trust. I was told my step brother is now successor. My dad wanted a church to get a percentage, I was told she removed them from the trust. I was told by my step brothers wife in secret, that it was asked if I should be removed aswell. I have no paper work on what is an... View More

Nina Whitehurst
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answered on Jun 29, 2021

This question cannot be answered without reviewing the trust in question. No two trusts are alike.

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1 Answer | Asked in Estate Planning and Real Estate Law for Arizona on
Q: I have a question regarding my parents home. On this home they were three owners which were my two uncles to my dad.

In this home they left it because they had personal issues they had to take care of. Leaving us alone for several years to pay mortgage insurance in any other necessary payments. We did receive a letter saying they want to force Sale We did not agree because This is the only home we have and we are... View More

Douglas Price
Douglas Price
answered on Jun 29, 2021

Due to many grammer and spelling errors this question is impossible to answer at this time. You need professional help and should get it. I recommend that you pay a lawyer to meet either in person (best) or via video chat (not as good as in person). Then discuss your situation to understand what... View More

1 Answer | Asked in Estate Planning for Arizona on
Q: In az my son passed away. My ex wife lives over 2000 miles away I am taking care of the bills and cremation.

Funeral home says need both parents permission. Tho he has not had any contact with mother in over 15 years. I had custody when he was a juvenile. He had said he wanted cremation for years. Does the funeral home need my ex wife's permission. She has no issues with the cremation. But the... View More

Ilene L McCauley
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Ilene L McCauley
answered on Jun 28, 2021

I am so sorry for your loss.

The law regarding burial and cremation in AZ is ARS 36-831. Cremation is not a right in Arizona. In order to be cremated one needs a cremation permit. In order to receive this permit the rule is generally that the decedent:

1. Has prepaid the...
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2 Answers | Asked in Estate Planning for Arizona on
Q: How do I add a family member to my deed as joint tenancy w/right of survivorship. House is free and clear.
Ilene L McCauley
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Ilene L McCauley
answered on Jun 9, 2021

There are many ways to own property. Joint tenancy with rights of survivorship is the least efficient from an income tax perspective. You may also need to file a gift tax return if the value you are transferring is more than $15,000. Finally, if the family member ever has financial or legal... View More

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