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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
I believe he created a trust for my sister and I but we don't know anything about it. Is there a way to look up that info?
answered on Apr 8, 2020
One thing you can do is look up the home address at the Maricopa County Assessor's Office. It will tell you if the home is in the potential Trust. Here's a link: https://www.mcassessor.maricopa.gov/
My mom died in 2010 and my dad has been staying on the property. My half sister (my dad's daughter)wants me to put half in her name. What should I legally do? (Squatter's rights?) My dad is terminal and will be dying soon and he has a girlfriend living on the property there and may want... View More
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answered on Apr 1, 2020
You are going to need to hire a probate attorney to probate your mom's estate. Probate is the process by which the property of a decedent gets retitled. Who inherits the property depends on whether or not your mother had a will and whether or not the property was her separate property or... View More
my sister brought her to lawyer and cut everyone out except her and her new husband My grandmother was in her late nineties and didnt recognize anyone in the family so how could she be able to redirect all thier original wishes for thier estate. Is this legal or just moraly wrong,the parties in... View More
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answered on Feb 25, 2020
Hire a will contest attorney to challenge the will on the basis of lack of capacity and maybe also undue influence. A will given while the testatrix lacked testamentary capacity is void, but you have to prove it. If nobody contests it when it is presented to the probate court, it will be admitted... View More
The are specific in the Will about sealing and distributing the items and monies? Due to having started with a blended family.
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answered on Feb 13, 2020
Wills do not get "filed" anywhere until after the testator/testatrix passes; until then they are private.
Planning for blended families can be complicated, especially if both spouses want to provide for the surviving spouse but still protect the inheritance of the children of... View More
I am the second named successor trustee of an irrevocable trust and the trust document’s only wording regarding succession states, “If ___ fails to act for any reason, then ____ shall act without bond”
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answered on Jan 17, 2020
First try to get the first named trustee to sign a resignation. Or, if a trust protector is named in the trust document, ask the trust protector to remove the first named trustee. If the foregoing doesn't work, hire a trust administration attorney to review the trust document to see what... View More
Paid atty in order to get finacial records they would not give me because they could not interrupt the terms in the trust to determine what my interest was . I refused to sign a release of liabilities and the trustee refused to guve me an early distribution . The trustee Than charged me for the... View More
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answered on Jan 10, 2020
The best source of advice for this situation is your existing attorney, who knows the facts and circumstances better than anyone else besides yourself. If you are dissatisfied with your existing attorney, it is within your power to fire him or her and hire another attorney. Be prepared, however,... View More
as his sole and separate property. 3 children are the beneficiary's.
Question: Does "divide equally" mean the son has to buy the home from the trust?
Or, does it mean son gets the home as parents wish and whatever is left in the trust is then divided equally 3 ways?
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answered on Jan 8, 2020
It is not possible to answer your question without reviewing the trust document.
There is no will. My sister has proclaimed herself executor of the estate. I'm in Arizona. How does her property get distributed?
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answered on Dec 15, 2019
You need to identify which items in your mother's estate were her community property with your stepfather and which were her separate property. Under California law, your stepfather will inherit all of your mother's community property and one-third of her separate property. Your... View More
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answered on Dec 9, 2019
It is not possible to answer your question without more information. Most likely yes you are liable to the extent of your half of the community property but there are rare circumstances in which you would not be liable. You really need to consult with an attorney about your individual circumstances.
He is currently hospitalized, but will be returning to long term care facility, and probably shortly, Hospice. His bank is requiring me to obtain a Durable PoA, but, obviously, I won't be able to get that prior to his passing. They said there are other instruments? My brother and I are... View More
answered on Dec 2, 2019
If you dad is in Pennsylvania, then you should probably consult an attorney there regarding options. In Arizona, most attorneys draft all POAs as durable one, but the law may be different in PA.
I bought a HUD home in Tucson, AZ for my Aunt to use. She could not afford to live on her own. Since it was HUD, she had to be on the title with me as she is the full time resident and I use it as a vacation home. I have paid all money for the home and continue to pay the mortgage. If she uses... View More
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answered on Nov 22, 2019
Your question is missing important facts. Exactly how is the house titled? Tenants in common? If so, in what percentages? Or is the deed silent on that? Joint tenants with right of survivorship?
You do have a legitimate concern, plus other issues you may not have considered (such as... View More
Wife started probate and then disappeared. My FIL is the next living heir. This has been in the courts for almost 10 yrs. There is a notice of potential heir (my FIL) stated in the court records but nothing else has been done. Last update to the record was 01/30/19. January will mark 10 yrs... View More
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answered on Sep 18, 2019
Hire a probate attorney to help you petition the court to replace the executor on the grounds that the executor is failing to perform.
She took the car keys, the laptop the phone and still never called anyone she lied to the mortuary and said he was homeless with no family she cannot afford to pay for the cremation but she told us we have no rights We believe she was undue influence on him She will not show the will And just left... View More
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answered on Sep 17, 2019
Powers of attorney have no effect after the principal dies. She has no authority.
Your best recourse is to hire a local probate attorney to help you probate the decedent's estate. If you don't have access the will, but you believe that she does, you can get the court to order... View More
Will was made 10 days before mom died, my sister adds her name on to inherit the house. Can this qualify as undue influence
answered on Aug 27, 2019
The procedure you described appears highly questionable. You may have grounds to object to this will. The will may not qualify as a valid holographic will and/or your Mom may not have had testamentary capacity. I recommend reviewing this matter with a probate attorney as soon as possible. Once... View More
Mother's not very compressive to what's going on. And these things belong to me
answered on Aug 27, 2019
It is impossible to provide you with a quality response because there are so many missing details and the information you have provided could be interpreted in different ways. That said, IF all of your father's possessions passed to your mother and IF the POA has the authority to handle her... View More
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?
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answered on Aug 15, 2019
There is no way to answer your question without reviewing your mother's trust and her will and the latest vesting deed.
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.
The will names me as... View More
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answered on Aug 7, 2019
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... View More
answered on Jul 23, 2019
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.
If there already is a conservator... View More
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