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Arizona Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: How can I correct an error on a Voluntary Administration Statement after it has been certified?

I listed the wrong year, but the correct VIN number on the form for a car. The RMV in Arizona will not accept the form because I listed the wrong year. It should be 2013 Honda Civic, I listed it as 2014.

Thanks!

James L. Arrasmith
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answered on Jan 1, 2024

To correct an error on a Voluntary Administration Statement in Arizona, particularly one involving a vehicle's year of manufacture, you'll need to file an amended statement with the correct information.

Start by contacting the probate court where you filed the original Voluntary...
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1 Answer | Asked in Probate for Arizona on
Q: My husband took his life and his mom took possession of his belongings and his body, and now demanding his things.

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

Stephen M Vincent
Stephen M Vincent
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...
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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: My domestic partner of 15 years justpassed and his daughter who doesn’t even live in this state is taking over my home.

How can I obtain legal rights to stay in my home for 6 mos

Marcus N. Seiter
Marcus N. Seiter
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

1 Answer | Asked in Probate for Arizona on
Q: If a decedent did not leave a will and spouse receives a check in the decedents name, does the spouse go Thru probate
Gregory Christopher Poulos
Gregory Christopher Poulos
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

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Arizona on
Q: Deed has both deceased parents name. Mothers will gives house as living estate to two children. Which proceeds?

Father passed in 2014. Mother passed in 2022.

Marcus N. Seiter
Marcus N. Seiter
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

3 Answers | Asked in Estate Planning, Banking and Probate for Arizona on
Q: Is the beneficiary on the deed to my deceased sister's home obligated to reimburse me for a mortgage payment?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: From Glendale AZ. Quit Claim a home to a non-family member.

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Probate for Arizona on
Q: Am I required to inform potential heirs lower than myself on a intestate succession of probate (informal) as executor?

I am a single child of a single father, so as I understand, everything will be inherited by me through Arizona state intestate law, but as an executor, I want to make sure I am doing everything right-- and avoiding costly and time consuming processes that aren't necessary. My father has a... View More

Anthony M. Avery
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answered on Feb 2, 2024

Consult with an AZ attorney about whether to file probate or not.

1 Answer | Asked in Probate for Arizona on
Q: can a trustee of a supplemental needs trust ignore the terms for distribution to a charity & name himself a beneficiary?

the trustee of my brothers trust submitted a will supposedly written by my brother that named him as the trustee and stated that my brother wanted to leave half of everything to his church and the other half to the people closest and most helpful to him in the time leading up to his death. These... View More

Anthony M. Avery
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answered on Oct 31, 2023

Hire an AZ attorney to sue trustee for breach of fiduciary duty, conversion and an accounting. Time is critical as SOLs may already be busted.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Arizona on
Q: Quiet title.

My wife is one of four sisters on a family trust. We bought property from her parents through the trust. We paid on it for 5years. I started college in 2008. Her parents had us over for dinner and told us they didn't want us to make anymore payments while I was in college. Then 3years later... View More

Anthony M. Avery
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answered on Oct 11, 2023

Partition Sale is probably the only remedy here. Asking for contribution will most likely be denied.

1 Answer | Asked in Probate for Arizona on
Q: My brother died and left a will. I am the Executor of the will and was named his Personal Representative in the will.

Everything was left to me. Do I still need to go through probate?

Nina Whitehurst
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answered on Jul 26, 2023

Most likely yes. Probate IS the process by which wills are administered.

1 Answer | Asked in Probate for Arizona on
Q: Could I be sued for becoming PR for probate without notifying heir? How hard is it to prove that I didnt mail other heir

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

Andre L. Pennington
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Andre L. Pennington
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.

2 Answers | Asked in Probate for Arizona on
Q: Is the case closed? Was money awarded? Is he trying to settle with insurance companies outside of court now that hes PR?

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

John Michael Frick
John Michael Frick
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.

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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Do I have to pay creditors that did not come forward with a claim in probate in Arizona?

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

Anthony M. Avery
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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.

1 Answer | Asked in Probate for Arizona on
Q: I have some questions regarding a probate case I am the sole beneficiary of.

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

Andre L. Pennington
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Andre L. Pennington
answered on Feb 27, 2023

You should reach out to an attorney that specializes in probate law.

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Probate for Arizona on
Q: Is it possible to "Pierce the Vail of an LLC" that has an Invalid LLC address?

I won a judgment against a Defendant that has transferred all of their assets into an LLC they have never used until my lawsuit. The LLC was created in 2019 at a rented space for one year, but never actually used. The Defendant moved out of that location and never found another. The Defendant has... View More

Timothy Denison
Timothy Denison
answered on Jan 11, 2023

Probably not bc of an incorrect address although your description of the chain of events might give rise to setting aside all those asset transfers as fraudulent.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Arizona on
Q: Im trying to take over my father's land it was sign over to him long ago I was wondering if I can get it

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

Ilene L McCauley
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Ilene L McCauley
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

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Sister got quitclaim deed and mobile title transfer for dads places, specialist determined its forged do I have a case?

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

Peter H. Westby
Peter H. Westby
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

1 Answer | Asked in Insurance Bad Faith, Divorce, Estate Planning and Probate for Arizona on
Q: My dad was staying in a hotel that his insurance company paid for while his house was being repaired but he just died.

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

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Probate for Arizona on
Q: My sister lived and died in New Mexico. She left a will. Do I need probate lawyer from NM? I live in AZ

She left 60,000 for me and my brother. She has a husband we cannot locate so the bank won’t release the money

Peter H. Westby
Peter H. Westby
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.

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