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Arizona Probate Questions & Answers
3 Answers | Asked in Probate for Arizona on
Q: Both my sister and I are joint executors on my dad’s estate. My sister is asking me to re-move/RE-enunciate myself?

My sister lives in Colorado & I live in Arizona...What would be the purpose in removing myself as executor?

Ilene L McCauley
Ilene L McCauley answered on Nov 17, 2020

I am so sorry for your loss. This question says to me, that there are difficulties here.

Once both you are appointed as Co-Executors of an estate, both of you should generally remain as Co-Executors of the estate, unless there are serious problems or concerns. Your email does not list the...
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2 Answers | Asked in Legal Malpractice and Probate for Arizona on
Q: Can an attorney legally conceal the fact that his client has died?

Please tell me there could be consequences for an attorney and beneficiaries who knowingly conspired to conceal the fact from the executor and estate attorneys that one of a will’s beneficiaries has predeceased the decedent. The deception preceded the beginning of probate, continued for several... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Nov 12, 2020

I do not believe that I totally understand what occurred. It sounds like their are some facts that have been left out of your question. Generally speaking a beneficiary does have to survive the decedent for a required period of time, and I am confused how an attorney would get a client during... Read more »

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1 Answer | Asked in Probate for Arizona on
Q: Can i make my stepmother produce a will for my late father or at least tell me if there was one? I am his only child.

I was told by him he had a will. I am on disability due to a disease inherited from him. He said he would take care of me. I live in AZ but he resided in Indiana.

Andre Lee Pennington
Andre Lee Pennington answered on Oct 27, 2020

Short answer: Yes.

As an heir of the estate you are entitled to a copy of the Will. There are several ways to go about it. An experienced estate planning attorney will be able to assist you.

1 Answer | Asked in Probate for Arizona on
Q: I signed a contract releasing beneficiary interest in real estate it was drafted and notarized by the attorney who

Represented testator. He also had the power to make decisions regarding my trust, but I was never told exactly what those were. Release says “I have discussed this with my trustee”, but I was never told I could seek independent counsel. My trustee said that I discussed with him and attorney... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Oct 26, 2020

There are some facts that do cut against you in this case; however, there are a lot of details that an attorney would need to know beyond what you've provided here. Your best bet is to get with an experienced probate attorney.

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Easiest, least expense way to deal with a $1,800 final disbursement payment made to my deceased fathers estate.

In Maricopa County, AZ. Father was a widower with two equal heirs, myself and brother, he has (had) a will and trust document drawn up. I also obtained an estate EIN. His only account transferred as a POD account. No other assets, except this $1,800 check.

Could the check payable to... Read more »

Mike Branum
Mike Branum answered on Oct 7, 2020

https://superiorcourt.maricopa.gov/media/4062/pbse1z.pdf

Sorry for your loss. I hope the information above helps you resolve the issue.

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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Can my two brothers, who are and were living in my father's house stay in the home now that he's passed?

His final will and testament didn't include his new address. The will was made over 30 years ago with his old address. He owns his current home free and clear. No outstanding debts.

Ilene L McCauley
Ilene L McCauley answered on Oct 5, 2020

I am so sorry for your loss.

Even though this seems like a simple questions it is not. It is actually a very complicated question because the law is very complicated. It is complex in order to make certain that none of the people involved are committing fraud.

So, In order to...
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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: How can I collect personal belongs of my ex mother in laws who passed when her boyfriend doesnt wanna give us her stuff?

My ex mother in law died in a car accident 3 days ago, she didnt have a will but has stated to multiple people that I was the one that she wanted to be executor. she was suppose to get in writing but died before doing so. She was living with her boyfriend who is a drug addict and was abusive to... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 23, 2020

I am sorry for your loss.

Unfortunately, when people do not put their wishes in writing, problems arise. What she said before her death, without written proof, may no longer apply. Her children are the best ones to open probate to get control of her assets. I recommend working with...
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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My father passed away September 14. He owned property before he married his current wife. Rights of his children?

The original Will allowed his wife to remain in the home until her death and then property would be transferred to us. 2 weeks before he died he changed the Will and left everything to her. We believe coercion was involved? What are our rights? How do we find out who his attorney is?

Douglas Price
Douglas Price answered on Sep 19, 2020

The first thing to do is to see the original will. If the wife has it she will need to submit it to probate court and the Clerk will then have the original. You have a right to see it and to question it, especially under the circumstances. One question I have is the value of the house, in... Read more »

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2 Answers | Asked in Probate for Arizona on
Q: My sister died in AZ without a will, do I need to wait 6 months to transfer her house title to myself to sell it?

I can use the small estate transfer by value of her assets, is this the best process? If I file for probate to sell her house will I have to pay her creditors

Ilene L McCauley
Ilene L McCauley answered on Sep 15, 2020

I am so sorry for your loss.

It is difficult for me to answer your questions with the facts you give me. I need to know whether your sister had other family...children, spouse or other brothers and sisters. Also who are creditors? Is there a mortgage (in AZ called Deed of Trust) on the...
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3 Answers | Asked in Probate for Arizona on
Q: I bought 2.5 acres in 1991 for $27,500 and built a 1100 sqft building on it and moved in 1997.

In 1998 I married my wife and in 2000 started a 3100 sqft addition to the building. In 2010 my wife had a stroke and all work stop. In 2020 my wife died without a will, the property is still in my name only.

My wife had a daughter from a previous marriage she is asking for half of the... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Sep 1, 2020

This is a complicated question that also involves family law, probate law and is factually dependent. You'll likely need to reach out to an experienced probate attorney.

Here is the relevant law:

14-2103. Heirs other than surviving spouse; share in estate

Any part of...
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2 Answers | Asked in Probate for Arizona on
Q: My siblings and I are apparent heirs to an estate. Do we need representation in probate court.

A fiduciary LLC has filed a petition requesting a hearing. An emergency hearing has been scheduled for 9/8. Another hearing labeled Miscellaneous(Appearance) is scheduled for 9/22. We have received solicitations to be represented for a percentage of the estate. Decedents may have died intestate.

Andre Lee Pennington
Andre Lee Pennington answered on Aug 29, 2020

You’ll definitely want to talk to an experienced probate attorney to review the matter with you so that you can understand the process and your rights.

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1 Answer | Asked in Immigration Law, Estate Planning and Probate for Arizona on
Q: A person with green card marries a US citizen, they pass away. What spousal benefits is the illegal entitled to?
Kyndra Mulder
Kyndra Mulder 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...
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1 Answer | Asked in Probate for Arizona on
Q: Mother passed and left myself and one sibling her home in will. I have since misplaced will.

Other sibling and family moved in with me, after a fight, the other sibling filed and was granted a restaining order forcing me out, and is now taking me and beneficiary sibling to probate court. What can i do? I dont know attorney that helped us.

Andre Lee Pennington
Andre Lee Pennington answered on Aug 10, 2020

The first thing that comes to mind is contacting the old attorney to see if there is a copy of the will; however, under the rules of not having a will in probate, it sounds like you and your sister would potentially split the home 50/50. You may want to pull the deed to see how it is deeded. You... Read more »

3 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Somehow my dad's ex girl friend was a beneficiary on his bank account and took 117000 out can I contest the beneficiary

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

Ryan K Hodges
Ryan K Hodges 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.

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1 Answer | Asked in Civil Litigation, Arbitration / Mediation Law and Probate for Arizona on
Q: Father in law recently passed. Widow not abiding his wishes to give his kids belongings, items prior to marriage. Hers?

Father in law did not have a will. He always told everyone what he wanted to leave to his biological kids. Widow now says he never said those things. She is refusing to give anything to anyone. Can his kids fight for what their dad always promised them? Widow is now giving those items to her... Read more »

Ilene L McCauley
Ilene L McCauley answered on Jul 30, 2020

I am so sorry for your loss.

You will have to hire an attorney to represent your interests. You have rights, but they may only be enforceable by court order.

2 Answers | Asked in Probate for Arizona on
Q: My brother and I are the only 2 hiers for my mother which I am executor my mother was willed a house but did't transfer

My mother did not transfer deed before she passed I am currently living in house it is going to be separate probate is my brother entitled to half

Ryan K Hodges
Ryan K Hodges answered on Jul 28, 2020

You should consult an attorney and provide the relevant documents and wills for the two estates. The house will probably still pass to your mom's estate and then would pass to her two heirs equally unless there are wills or other documents that would change this result.

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3 Answers | Asked in Probate for Arizona on
Q: My mom died without a will Dec 2, 2019. Her only major asset is the house, located in Park Scottsdale.

There is a reverse mortgage and credit debts, as well as this year's property tax, probably totalling a little over $300,000. This area is being re-developed- a teardown was bought across the street and the new build sold for 1,150,000. Our lot is about 1/4 acre, to be sold as is. How do I... Read more »

Ryan K Hodges
Ryan K Hodges answered on Jul 27, 2020

To be a small estate, the estate must have less than $75,000 in personal property (bank accounts, cars, investments, etc.) and less than $100,000 in equity in real estate. The valuation for the property is determined by the county tax assessed value. You can also deduct any mortgages owed on the... Read more »

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2 Answers | Asked in Probate for Arizona on
Q: Dad died w/o a will. Only has a home with $50k in equity, and $8-10k in debt. Would I be required to sell to pay debt?

I have 3 siblings that do not want anything from estate. I have lived in the home for the last 6 years, and cannot afford to rent another home or apt. I would like to stay in the home and take over payments if possible. Would I be able to do just a small estate transfer, or informal probate?

Peter H. Westby
Peter H. Westby answered on Jul 24, 2020

This estate appears to be small enough that it could be administered by using the small estate affidavit process provided all estate heirs cooperate. However, under Arizona law, provision must still be made for debt. Since the estate is small, perhaps some of the debt might be forgiven by the... Read more »

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2 Answers | Asked in Probate for Arizona on
Q: When my father died, with a will he left me some things. My brother, the executor, never transferred anything to me nor

Told me I was due anything. He closed the will notifying the judge that I had received the property. He has since died. Can I recover this property? Is the will still valid?

Peter H. Westby
Peter H. Westby answered on Jul 24, 2020

This is a complicated issue and you have provided insufficient facts to determine what your best options may be. I recommend reviewing this matter with a probate attorney. Your probate attorney can learn all of the facts and let you know what can be done at this time.

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3 Answers | Asked in Probate for Arizona on
Q: Can a PR (who is also a beneficiary) withhold inheritance until beneficiary sign a waiver/release/contract?

And Does a beneficiary have to waive all their rights in order to get an inheritance?

Peter H. Westby
Peter H. Westby answered on Jul 20, 2020

It is customary to sign a waiver at the time an estate is distributed. But you do not need to waive your rights. Instead, you may enforce your rights by bringing any claims or concerns you have before the Court. The Court will address your concerns and can order distribution. This process may... Read more »

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