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Arizona Probate Questions & Answers
1 Answer | Asked in Probate for Arizona on
Q: When filling out the valuations of property for probate, do you use the tax valuation or the market value for a house?
Ryan K Hodges
Ryan K Hodges answered on Jul 12, 2021

You can use either one. Just make sure you specify which it is.

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: Who owns the property ?

My stepmom and father passed away within two weeks of each other. My dad survived her by 10 days. The deed to their house is set up for right to survivorship. For probate purposes is my dad the sole owner of the house (since she passed away before him) or is it community property (split equally in... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on Jul 10, 2021

The answer to this question is in a reading of the deed. That document controls what happens.

For most Arizona deeds for married couples, the title is held in community property with an additional paragraph or page that says upon death the share goes to the surviving spouse. Older deeds...
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1 Answer | Asked in Probate for Arizona on
Q: Could you help me find a Pro Bono lawyer?

Due to an auto accident I had about 8 years ago, I sustained a concussion which resulted in a condition called Absent Seizers or Petit Mal Seizures. With proper medication which I ingest twice per day, I have not experienced one seizer since I started taking the medications. But since my recovery,... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 9, 2021

You can try one of these services:

Community Legal Services: (602) 258-3434

Legal Aid of Arizona: (480) 658-2552

Arizona Bar Foundation: (602) 340-7366

And, further to clarify, family law refers to divorce and child custody. You are most likely looking for a probate attorney to help you.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: If I am not on my mom's bank account and she passed away, am I responsible for the "overdraft"?

My mom got SSI direct deposited every month of $947. It is supposed to deposit to her account the 3rd of every month. However, her money has always hit a few days before that. She got her March check deposited on 02/26/2021. She paid her rent, bills, etc. She passed away on March 2nd with a whole... Read more »

Stephen M Vincent
Stephen M Vincent answered on Jul 6, 2021

I am answering here just to let you know that this is not a family law question. This is a question for a probate attorney. Family law refers to divorce and child custody cases. I think that because it was labeled family law, you haven't received an answer because this isn't an issue... Read more »

1 Answer | Asked in Probate for Arizona on
Q: How can I get a letter of administration.
Nina Whitehurst
Nina Whitehurst answered on Jun 16, 2021

You need to petition the probate court to open a probate case (estate) and to have yourself appointed as the personal representative for the estate. A probate attorney can help you with this.

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Is a holographic will valid if the testator is physically disabled, but is dictated and witnessed?
Douglas Price
Douglas Price answered on May 24, 2021

What you describe does not sound like a holographic will, which is a will entirely in the handwriting of the person making it and signed by that person (even if not witnessed or notarized). So I believe that the short answer to your question is that the testator died without a will. As such,... Read more »

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1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Arizona on
Q: As a Executor how long legally can you hold claim to this title?

My sister and brother are executors of my mothers affairs. 9 years later my parents mtg servicing co sends statements to the estate of my parents both named both deceased. The deed is recorded with my name and the 2 executors. While 1 other brother and I are paying pymts taxes insurance and all... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on May 16, 2021

If nothing was filed with the courts, then they are only named as Executors, they have no power as they are not court appointed. I presume you are living in the property, but you need to speak with an attorney sooner rather than later. They are taking advantage of you, not following proper... Read more »

2 Answers | Asked in Probate for Arizona on
Q: How do i get the deed in my name after probate? I

My step-dad left the house to my mom in his will. She never put it in her name. Both have passed. His wife illegally put the house deed in her name. We went through probate. I won. The judge said the wills are valid and she has no legal claim to the house. Illness,covid, and family deaths all hit... Read more »

Andre L. Pennington
Andre L. Pennington answered on Apr 19, 2021

Typically you’ll need to record the deed of distribution with the Recorder’s Office to put the home in your name. You may need the assistance of an experienced probate attorney to ensure all was done correctly.

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2 Answers | Asked in Probate for Arizona on
Q: Does a mother become next of kin if son dies but has a son as well?
Ryan K Hodges
Ryan K Hodges answered on Mar 31, 2021

If your son has a son (your grandson), then the grandson would be the next closest heir, assuming your son is not married. If your son is married, this his spouse would also be an heir.

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2 Answers | Asked in Probate for Arizona on
Q: credit card debt claim made within 4 month probate window, claimant is debt collector, not CC co. Does estate pay?

The estate has the funds but CITIBANK had forwarded to a debt collector. Ascension point.

Andre L. Pennington
Andre L. Pennington answered on Mar 30, 2021

Typically speaking the creditor will have to show that proof of the claim was assigned to them; however, if they can and they have filed a claim with the PR or the Court, these debts are generally payable. To find out for sure you should contact an experienced probate attorney.

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1 Answer | Asked in Estate Planning, Criminal Law and Probate for Arizona on
Q: Heir of an intestate Arizona estate engaged in discovery. Estate had conservator for 5 years. What order do I need?

My subpoena revealed account numbers & signature cards. During a meeting with the banker they looked up one of the accounts & said there had been a substantial amount of activity giving the impression business was being conducted from an account. A call was made with me present. Banker said... Read more »

Andre L. Pennington
Andre L. Pennington answered on Mar 24, 2021

You'll likely need to hire an experienced probate attorney to help with this. It's a complicated situation that is impossible to answer with the information provided.

3 Answers | Asked in Probate for Arizona on
Q: Father who was married when he expired had no will. What rights does the children have when it comes to his assets?

His assets include a condo, vehicles, and personal items.

Andre L. Pennington
Andre L. Pennington answered on Feb 7, 2021

Here is the applicable law:

14-2102. Intestate share of surviving spouse

The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse:

1. If there is no surviving...
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2 Answers | Asked in Probate for Arizona on
Q: Can I be evicted from a family home by sibling exsecuter after 11 years of long term care of parents

House is payed for

Peter H. Westby
Peter H. Westby answered on Feb 7, 2021

Yes, this is possible. The home might need to be sold in order to administer the estate. I strongly recommend that you consult with a probate attorney to learn your legal rights and best options.

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1 Answer | Asked in Probate for Arizona on
Q: Is it required to file a final accounting in Maricopa County of Arizona with informal intestate probate court?

I have paid all creditors and surpassed the notice mark long ago (back in June 2020). All that's left to do is distribute to myself and two other heirs. The jargon on packet three of Maricopa informal probate is confusing. It seems it isn't necessary unless I feel it is required or my... Read more »

Andre L. Pennington
Andre L. Pennington answered on Jan 5, 2021

One option is to file waivers of accounting (along with a release of liability and waiver of notice of any further filings) from the other beneficiaries with the court. That helps “skip” some steps. I hope that helps. Happy New Year!

2 Answers | Asked in Real Estate Law and Probate for Arizona on
Q: What do i need to do to protect myself from anyone taking the house. From me?

Iive been purchasing a home from the owner the last 7 years and the owner just died worried the owner sister pulled a bunch of trickery trying to get me out of house when owner was real sick in the hospital awhile back so i fear she will strike again

Nina Whitehurst
Nina Whitehurst answered on Jan 1, 2021

Hopefully you had a written contract with the decedent and you kept good records. If so, it should be a simple matter of presenting your claim to the probate court.

If you did not have a written agreement then your likelihood of success is greatly diminished but given what is at stake, it...
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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 L. Pennington
Andre L. 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 L. Pennington
Andre L. 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 L. Pennington
Andre L. 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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