Vehicle and some money, no other assets or debts. He and siblings are obviously heirs but do they need to officiate that they are? They need to get hos vehicle out of impound asap but only in dads name.
answered on Sep 2, 2020
The time constraint adds an element that is more difficult to address without probate. However, here is some good information for small estates; the only things is the decedent has to be dead for at least 30 days for it to be used:
https://superiorcourt.maricopa.gov/llrc/prob_pbse1/... View More 
My aunt has passed, The trust supposedly states no monies to paid out until he dies. Can we get past that?
answered on Aug 28, 2020
I am so sorry for your loss.
Generally speaking, when a husband and wife set up a trust the Trust is written so that the Trust assets stay in the trust, until both of them are gone.
If you believe that there are problems with this Trust, then I strongly urge you to bring a copy... View More
My sister is not cooperating with me at all. She claims all papers including his Will, and Death Certificates were destroyed in a mysterious house fire last year. My dad left some property and money behind and I believe my sister has been lying about everything.
answered on Aug 24, 2020
Good afternoon,
Since your Dad was a New Jersey resident you need a New Jersey lawyer to assist. Perhaps the lawyer could start with a letter to your sister. I recommend one of my law school classmates who is licensed in New Jersey, Micahel D. Carroll. Give him a call or send an email:... View More
answered on Aug 18, 2020
What are you saying? Is the person a green card holder (LPR) or is the peson an illegal? A person can not be both.
If the person is an LPR with conditions s/he must remove the conditions by filing a waiver of the joint filing requirement.
If the person is a 10 year green card... View More
they haven't been together in over 7 years and they only dated for 4. I can't even believe he had her on the account in the first place. Also, it was in a money market account not his checking shouldn't the money market account have a different beneficiary
answered on Aug 7, 2020
You could challenge the beneficiary designation. It may be difficult though and would heavily depend on the facts of your situation. You should consult a probate litigation attorney.
The deed is a joint tenancy with rights of survivorship. His ex wife never had her name removed from deed. So would the house automatically still go to her?
answered on Jun 25, 2020
It should not go to the ex wife because of the divorce decree and because the divorce automatically terminated her right of survivorship under Arizona law. But she is now in a position to possibly take advantage. I recommend contacting a probate attorney immediately to take action to protect this... View More
answered on Jun 25, 2020
If the small estate affidavit is for real property, then yes. You also have the option of opening a normal probate if you do not want to wait that timeframe.
He has an old trailer I need to sell or give away.
answered on Jun 25, 2020
I am so sorry for your loss.
Motor vehicles has a small estate affidavit process which will probably work for you. There is a maximum value of $75,000 to use the Affidavit. However, as a result of COVID 19, MVD is not open. There are many independent vehicle title companies throughout... View More
What documents do we need to have her sign, so we can legaly take care of her estate if she were to pass and be able to pay her bills and any other issues regarding her.
answered on Jun 11, 2020
Hello. I am sorry to hear of your loss, please accept my condolences.
The answer to your question would depend, in part, on what kind of estate planning your father had done. Your father's estate may have to go through the court process called probate in order to transfer assets to... View More
My mother passed away a month ago. I am successor trustee of her revocable trust and executor of her will (she resided in AZ). I plan on selling her property right away. Am I required to transfer title in c/o my name as TTE? It was suggested I file informal probate bc she owed a substantial amount... View More
answered on Jun 8, 2020
There is a piece of information that may missing from your question. That is, whether the property was in the name of the trust or her name only. The answer to that question will help guide your question about which direction you have to go. If the house is in fact in the trust which your question... View More
answered on May 28, 2020
For SSI, countable resources are limited to $2,000 for an individual and $3,000 for a couple. However, Social Security does not count the home the SSI recepient lives in and the land it is on. Therefore, you could transfer the home to the SSI recipient without affecting benefits if he does not... View More
Testator's Last Will and Testament was formatted using a template for the state of AK, Testators property is in Alaska. Testator is visiting family in AZ and would like to have an 'Official' Last Will and Testament before leaving Arizona for Alaska
answered on May 18, 2020
Yes, a notary from one state can notarize a Testator's signature for a last will and testament from another state.
answered on May 17, 2020
Thank you for your question. Unfortunately it is a complicated one that requires more information. At the outset, you refer to debtors, but presumably you mean creditors? The answer to this question really depends on a reading of the irrevocable trust to determine if the payments to the beneficiary... View More
both my parents are now decesed there was a will and trust neither are mentioned and now those sibling are contacting us. Do we let them know they are not included in will nor named in trustor just ignore? There really is no money just a little equity in the home once it sells. It does state in... View More
answered on May 15, 2020
This is not a family law question, just FYI. This should be asked in wills and probate to increase the chances of getting a better answer. The common sense answer is "don't be an a-hole, talk to your half siblings and explain things to them." The legal answer is, you should really... View More
I acted as the executor for my father's passing. Because of covid my siblings could not be present for collecting his estates. I told them I would send there part once it's in my possession. I now have it in a bank account ready to go but they have not given me the information to transfer... View More
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answered on May 9, 2020
You can never claim it as your own. If you are unable to find the true owners within three years you must turn the money over to the state.
How do obtain copy of the will and go about this process.she did not start a probate she just deposited all money in her personal account and sent a check which she thought i deserved. No copy of will or documentation at all
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answered on May 4, 2020
You can start a probate yourself, and ask the court to appoint you as executor, and the court can order the executor to produce the will. If no will is produced, then the estate is probated according to the laws of intestate succession. As executor, you will have the authority to gather up estate... View More
He was not married.
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answered on Apr 28, 2020
The car belongs to whomever it was awarded to in your divorce decree, notwithstanding that you or he did not update the title. If it was awarded to your husband, then it now belongs to his estate. This will be sorted out when his estate is probated.
or will CA or AZ law grant 50% to spouse? This includes equity in home to be kept as family home and an account of $100000. Is there a safe way to avoid the 50%
answered on Apr 23, 2020
Gifts or devises made to a married person in AZ do not automatically become community property. They are retained as separate property unless the married person does something to compromise that status like putting the money into a joint account with the spouse. This can be avoided by keeping the... View More
My father and I didn’t have a lot of contact over the years, but he did tell me both that he had a will and that I was included in it. I don’t know how to find out since there appear to be no records. I believe my half-sister is living in his home and possibly intentionally concealing his will.... View More
answered on Apr 16, 2020
I recommend contacting a probate attorney in the state where your father resided at the time of his death. It is not unusual that a probate has not been filed. A probate is not always needed. It depends upon the size of the estate, its asset mix and the prior planning done by your father. Your... View More
My stepdaughter, who got half of the business was upset because she did not get all of it. He had a tax and payroll. She has the data entry and payroll and I sold the tax part. Neither of us know tax returns. I gave her 20,000.00. I feel like I was taken advantage of. He passed Jan 2, 2020... View More
answered on Apr 11, 2020
This depends on whether there was a last will and testament (or Trust that owned the business; or business documents that indicated what should happen) or not. If there was an estate plan that addressed the business, then it controls where it goes. If there was not, see below:
ARS... View More
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