Get free answers to your Probate legal questions from lawyers in your area.
My father passed away intestate in Arizona and owned a small manufacturing business that makes cabinets and does epoxy floor coatings. He had an unspecified tax liability and no other significant assets, except for a small personal bank account. How should I proceed with handling his estate and... View More 
answered on Apr 1, 2025
The first step is to determine the value of the assets in your father's estate and also the amount of the debts. Your father's CPA may be able to help. Or you may need to hire a business appraiser or business broker to determine the business value. If there is no real property and the... View More
In 2007, a joint tenancy with right of survivorship deed was recorded, but it was either missing the second page or not signed properly. One of the joint tenants is now deceased. Can this issue be corrected, and what steps should be taken to address the problem?
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answered on Mar 17, 2025
You will need an AZ attorney to search that title and advise. You have not precisely stated what is wrong with the deed and are obviously confused. Getting a correction deed, if possible, requires going back to the original grantor to execute the deed again. That may not be possible, and a... View More
In January 2023, I sold a property and signed a quitclaim deed over to the buyer, which was recorded in February 2023. Recently, the buyer's attorney claimed I need to sign a new quitclaim deed as heir of my mother's estate pursuant to A.R.S. 12-1103(B). There was no estate, recorded... View More
answered on Mar 13, 2025
Presumably your January 2023 sale was handled by a title company and the buyer obtained a policy of title insurance guaranteeing that he was getting clear title to the home. More information is needed to determine what cloud, if any, exists. If there is a cloud, the buyer's title insurer... View More
I own 25% of an industrial property, which I inherited in 2017 after my mother's passing. The property was initially purchased by my parents through a 1031 Exchange before their divorce and before I received my share. An appraisal was conducted in 2023 when my father refinanced the property.... View More
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answered on Mar 13, 2025
If the property was included in your father’s taxable estate when he died, which is likely, then its basis is now date of death value. If you sell you would only need to pay taxes on the appreciation since date of death.
I've discovered that my aunt passed away in 2019 in Yuma, Arizona, and her only child died six months later. She had a trust, which cannot be found, and no spouse or other immediate family exists—only seven first cousins, including myself. Her house and savings have remained untouched since... View More
answered on Feb 25, 2025
In Arizona, if someone passed away more than two years ago and left behind more than $75,000 in personal property or $100,000 in real property, a probate is generally required. This situation is more complex than usual, so I strongly recommend reaching out to a probate attorney who can help you... View More
My grandmother passed away in 2004 and my sister was the executor of her estate. The trust stated that my mother, my sister, and myself would split everything 3 ways. My sister refused to show us documentation of what the actual amount of the inheritance was, but after my mother passed away in... View More
answered on Jan 28, 2025
I need to know more of the facts before I can advise you. There are two issues here, not just one.
The first issue deals with this question: after 20 years, can you still take legal action? This is a statute of limitations issue. Under certain circumstances, the statute does not start... View More
Death occurred in Phoenix, estate is in Glendale, AZ. Deceased did not have an end of life plan established and no legal will or transfer at death deed was created. One sibling was POA when he was alive and no Executor has been identified and no inventory of assets has been done.
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answered on Dec 2, 2024
Any of the heirs can file for an intestate administration. But are there assets that need probate? Consult with an AZ attorney for direction. Many assets do not go through an estate. Any transaction with the attorney in fact should be scrutinized for violation of a fiduciary duty and/or... View More
My sister died recently with a lot of debt, including a trailer that may be condemned. Since becoming a PR in Arizona takes time, I want to know if I must wait to notify her creditors until it's official. My concern is that interest and late fees will increase her estate's debt.
answered on Nov 12, 2024
You may notify creditors of your sister's death now and ask them to close accounts, etc. But you will still need to publish a notice to creditors when the probate is opened. I recommend that you consult with a probate attorney before you take any action. From the information you provided,... View More
My sister died in Glendale on recently. She did not have a will. She does not have many assets, but she does have a fair amount of debt, including owing on a mobile home and lot where the trailer may be condemned (she was a hoarder and the trailer is in very bad condition).
Our mother is... View More
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answered on Nov 12, 2024
You need to file in the county in which your sister resided immediately prior to her death. If she lived in Pima County and then just happened to die while visiting Maricopa County then you could file in Pima County. But if she lived in Maricopa County when she died then you do need to file in... View More
My cousin passed and intended.tonpass along everything to me he stated this in a text. He was not able to complete a formal will prior to his passing.
answered on Sep 16, 2024
A text message is not a will in Arizona. In most cases in Arizona, a valid will must be signed by the decedent and witnessed. Or it must be wholly in the decedent's handwriting and signed by the decedent. Your text message appears to be an indication of the decedent's intent at the end... View More
answered on Sep 12, 2024
If you are a guardian and conservator you are working under court supervision. It is strongly recommended that you be represented by counsel and clear all action with your attorney in advance of proceeding. You have provided insufficient information to properly evaluate the course of action you... View More
answered on Jun 10, 2024
Unless there is some reason to submit anything to court, such as an ongoing case, there is no reason to submit anything to court. Trust administration is private.
You will need a new certificate of trust naming you as the trustee and if on consent an affidavit from the prior trustee... View More
My dad and grandpa had alot of mineral rights I am rep of estate, only heir on,y child, his wife lied to judge and said he had no child I proved I am only child, she has
Gifted and illegally sold some if his assets that should of went to me when she passed, can't find estate house,... View More
answered on Jun 7, 2024
An Arizona attorney could advise best, but your question remains open for two weeks. It sounds like you have been thrust into a difficult role as rep (do you mean administrator or executor?). Maybe the best thing for you do would be to consult with an attorney who handles wills, trusts, estates.... View More
Need free legal advice on what to do to do, Completed all legal steps. Its been 8 years and no lawyer can provide information on how I can what my deceased father left me. I need to move forward with this. I look forward to a response for advice and or answers on my next steps to take in this... View More
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answered on May 9, 2024
Annuities are notorious for not paying out to designated beneficiaries. You might be able to sue the Annuity/Insurance company, but what court has jurisdiction will be a problem. SOL may have run, AZ law may not apply. Hire an attorney to sue in a local AZ Court or in Federal Court.... View More
My boyfriend and I own property in AZ Deed said 50% each with right to survivorship Boyfriend quik claim deeded his50% to someone and then that person was paid $8500 to sign back to my boyfriend! Now boyfriend dies and I want to sell! Is our title as it was when we purchased
answered on May 7, 2024
I strongly suggest you order a title search and consult with an attorney because these transfers may have left you with only half of the property interest which means the other half belongs to your boyfriend's estate.
"Right of Survivorship" in Arizona only applies to married... View More
They have been given a case number as well. I would really like to keep this an informal probate. The other party is an estranged step father..HELP
answered on May 7, 2024
I would advise you to contact a probate attorney that can deal with contested matters. You will have to petition to the court if the stepfather doesn't withdraw. If the stepfather was married to the person that passed away at the time of their passing they may have priority as well. One way or... View More
They have been given a case number as well. I would really like to keep this an informal probate. The other party is an estranged step father..HELP
answered on May 7, 2024
Unfortunately, unless the estranged stepfather is going to withdraw voluntarily you are going to have to petition the court formally. I suggest that you may need legal counsel to advise you. A demand letter may be the first step to avoid any litigation, but if there is no positive response a formal... View More
and a nortization fee equaling to a totall of 130k. Im more curious to make sure its not a scam. The inheritance money wise is over 7 million and 65 acres of land.
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answered on Apr 17, 2024
GF needs to hire an AZ attorney to check out the Probate Action. Then he needs to look into the distribution itself. Notary fees do not justify $130K ever. However it sounds like there are other fees involved, not just for a notary. Also the Deed will need to be drafted correctly to convey... View More
Tenant lived in his fifth wheel but on my land Tucson, AZ. His son was here in Nov just after his dad passed, not heard from him since. At that time no will was presented. Can I put a lien on 5th wheel? There is a title on fifth wheel but I do not know whose name it is under. Father and son had no... View More
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answered on Mar 31, 2024
As the landlord, you have certain legal rights in this situation, but it's important to proceed carefully and in accordance with Arizona law. Here are some steps you can consider:
1. Attempt to contact the son: Make reasonable efforts to reach out to the son and inform him of the... View More
My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More
answered on Mar 21, 2024
I agree with attorney Whitehurst that you must act immediately to hire an attorney. While you may certainly consult with a real estate litigation attorney I would suggest that you consider a consultation with a probate attorney that handles probate litigation. While very similar since it affects... View More
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