We were married in secret in Mexico because his family has always been abusive. As far as they knew we were living together and engaged happily. We both made our wills after some difficult times we had with our health and his will is signed by myself and my mom and witnesses. My husband struggled... View More 
answered on Aug 16, 2023
I'm sorry for your loss and all that you're going through with your spouse's mother.
You filed this under Family Law (which is divorce and child custody), Civil Litigation (lawsuits), and Wrongful Death (when you sue someone for killing a family member). What you need to do... View More
How can I obtain legal rights to stay in my home for 6 mos
answered on Jul 5, 2023
I am sorry for your loss. To fully answer your question, an attorney would need some more information like: (1) How was the home titled at your partner's death? (2) Did your partner have a valid estate plan (Will, Trust, etc.) that includes this home and, if so, does that plan spell out any... View More
answered on May 6, 2023
There is not enough information in your questions to provide a full answer. It may depend upon the amount of the check and the possible beneficiaries. If the amount of the check is below the amount required for filing probate in Arizona you may be able to contact the issuer and have them re-issue... View More
Father passed in 2014. Mother passed in 2022.
answered on Apr 6, 2023
Assuming AZ house was owned JTWROS between parents, then when dad passed in 2014, the house effectively belonged solely to mother (even though nothing was recorded to reflect that). Then in 2022, the house became part of mother's probate estate. The Will giving the life estate probably governs... View More
My sister had a beneficiary deed on her home in Arizona. The beneficiary is an ex-friend who is also the named executor of her estate. The mortgage was being paid through automatic payments from an account in South Carolina.(where she used to live) I am the beneficiary of that POD account. Because... View More
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answered on Mar 2, 2023
As a beneficiary of the POD account, you may have a claim to the funds in the account. However, whether the beneficiary of the deed is obligated to reimburse you for the mortgage payment may depend on the terms of your sister's estate plan and any applicable state laws.
If your... View More
From Glendale AZ. My son passed, single, with no will, and no children but a live-in girlfriend. All his belongings, including the home, go to his father and me. He made a dying declaration that he wanted the house to go to his girlfriend. We would like to honor that wish. It is my... View More
answered on Dec 26, 2022
A quit claim deed passes title to property to the grantee of the deed. There is no “loan” required. Title passes subject to all existing liens, assessments, and encumbrances.
If your son is the borrower on a loan which is secured by a mortgage or deed of trust giving his creditor a... 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
My dad had brain surgery, but my sister is claiming he signed a quitclaim deed for his house to her less than 2 months later but the signature doesn't match his. He has since passed away and we didn't find out until over a month later that she did this when we were about to move forward... View More
answered on Aug 1, 2022
From the information you provided it sounds like you may well have a case with merit. I recommend that you consult with an attorney who handles probate litigation matters. Your lawyer will need to know more of the facts and learn more about the handwriting specialist you hired before he or she... 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
She left 60,000 for me and my brother. She has a husband we cannot locate so the bank won’t release the money
answered on Jul 18, 2022
You will need to hire a New Mexico lawyer to assist you in administering your sister's estate. Ask your New Mexico lawyer if your sister's estate qualifies for expedited treatment as a small estate or if a probate will be needed.
How do I protect my children from abusive relatives if something happens to me?
How long will it take to set up my Trust?
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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
My son's last wish (no will) was that his partner own the home they lived in. Being the heir (his mother), with him having with no children or wife, the home will be quit claimed to me. I wish to quit claim it to his partner asap. Can I do this or will she have to be approved through the... View More
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answered on Jun 15, 2022
As with so many things, there are many issues to consider. Yes, once you are the owner you can quitclaim the property to anybody you want. You should talk to your CPA about whether this will trigger a gift tax for you. Most likely it will not, but that is an issue to pin down. And, yes, there... View More
Can I as a legal adult be forcibly removed and will my friends get in trouble?
answered on May 17, 2022
You put this in the categories. This is not a contracts, criminal, or family law matter. It's something that would be better asked of a probate attorney.
Is your power of attorney revocable? If it is, you should revoke it. Again, that is something you should discuss with a probate... 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
Everything was left to me. Do I still need to go through probate?
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answered on Jul 26, 2023
Most likely yes. Probate IS the process by which wills are administered.
I'm in AZ. Hypothetically speaking. If I were to become PR without notifying heirs so that I could settle lawsuits outside of probate to claim them for myself (checks signed to my name) could I face legal action from the other heir? If so what are the chances I would lose all of the... View More
answered on Apr 2, 2023
This is illegal and you’d hold liability both civilly and potentially criminally. It’s important to do the right thing. Integrity is doing the right thing when no one is watching.
The site only allows so many words so I will summarize
Important to know:
NO WILL
I moved before probate started due to harassment from brother.
I had mail forwarded before probate.
Probate started.
They signed document stating they sent to last... View More
answered on Apr 1, 2023
There is no way to know from the information you provided.
You need to hire a lawyer in or near the county where the probate occurred to check the probate court records on your behalf.
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
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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.
As the sole beneficiary of my deceased mothers estate I feel as though I have been mistreated and ignored and lied to by the executor and the probate attorney.I am trying to connect with someone who can help walk me through what to do in this situation
answered on Feb 27, 2023
You should reach out to an attorney that specializes in probate law.
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