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?
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.
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.
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 »
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.
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 »
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 »
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... Read more »
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...Read more »
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 »
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.
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.
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... Read more »
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 »
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...Read more »
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 »
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.
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 »
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 »
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.
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 »
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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