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Arizona Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My dad died w/no will. He was divorced, and got house but never had ex's name rmvd. Does she get house now?

The deed is a joint tenancy with rights of survivorship. His ex wife never had her name removed from deed. So would the house automatically still go to her?

Peter H. Westby
Peter H. Westby answered on Jun 25, 2020

It should not go to the ex wife because of the divorce decree and because the divorce automatically terminated her right of survivorship under Arizona law. But she is now in a position to possibly take advantage. I recommend contacting a probate attorney immediately to take action to protect this... Read more »

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2 Answers | Asked in Probate and Estate Planning for Arizona on
Q: Do you have to wait 6 months to file the small estate affidavit?
Ryan K Hodges
Ryan K Hodges answered on Jun 25, 2020

If the small estate affidavit is for real property, then yes. You also have the option of opening a normal probate if you do not want to wait that timeframe.

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My father passed away 2 months ago. He had no valid will. And its pretty much just me. He has very little property.

He has an old trailer I need to sell or give away.

Ilene L McCauley
Ilene L McCauley answered on Jun 25, 2020

I am so sorry for your loss.

Motor vehicles has a small estate affidavit process which will probably work for you. There is a maximum value of $75,000 to use the Affidavit. However, as a result of COVID 19, MVD is not open. There are many independent vehicle title companies throughout...
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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: As successor trustee of my mother's revocable trust, am I required to transfer title of her property?

My mother passed away a month ago. I am successor trustee of her revocable trust and executor of her will (she resided in AZ). I plan on selling her property right away. Am I required to transfer title in c/o my name as TTE? It was suggested I file informal probate bc she owed a substantial amount... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on Jun 8, 2020

There is a piece of information that may missing from your question. That is, whether the property was in the name of the trust or her name only. The answer to that question will help guide your question about which direction you have to go. If the house is in fact in the trust which your question... Read more »

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2 Answers | Asked in Probate for Arizona on
Q: I was a beneficiary of life insurance policy in will mom wants money go towards buy house form bank do I have to

My understanding is that she can't will something she never had

Nina Whitehurst
Nina Whitehurst answered on May 15, 2020

If you are the named beneficiary of the life insurance policy, as reflected on the records of the life insurance company, then no, you are the sole owner of the proceeds and you can do with them as you wish. This is also true if the owner's estate was the beneficiary of the life insurance... Read more »

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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: When our parents were married our father had 2 kids with another women during the marriage.

both my parents are now decesed there was a will and trust neither are mentioned and now those sibling are contacting us. Do we let them know they are not included in will nor named in trustor just ignore? There really is no money just a little equity in the home once it sells. It does state in... Read more »

Mike Branum
Mike Branum answered on May 15, 2020

This is not a family law question, just FYI. This should be asked in wills and probate to increase the chances of getting a better answer. The common sense answer is "don't be an a-hole, talk to your half siblings and explain things to them." The legal answer is, you should really... Read more »

2 Answers | Asked in Probate for Arizona on
Q: If an estate is in probate, do creditors file a claim with the court or with the estate's executor?
Ryan K Hodges
Ryan K Hodges answered on May 13, 2020

In Arizona, you can actually do either one. You can also file a lawsuit against the estate if that is appropriate.

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1 Answer | Asked in Banking, Estate Planning and Probate for Arizona on
Q: I have money in my bank that is not mine how long until it is mine?

I acted as the executor for my father's passing. Because of covid my siblings could not be present for collecting his estates. I told them I would send there part once it's in my possession. I now have it in a bank account ready to go but they have not given me the information to transfer... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 9, 2020

You can never claim it as your own. If you are unable to find the true owners within three years you must turn the money over to the state.

1 Answer | Asked in Probate for Arizona on
Q: How can an Arizona citizen by virtue of being surviving spouse of heir, transfer her small interest in a Fla property?

She just learned she had inherited from her husband who inherited from his sister who died in 2016 in Florida. Her husband died in 2017 in Arizona. His estate was not probated but his sister's estate was  belately probated in 2019 as summary admin in Florida.

His  sister had... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on May 8, 2020

I had a little trouble following the breakdown. But if I am reading correctly it sounds like your late-husband's estate needs to be probated in AZ so that an ancillary probate can be opened in FL for his share of the real property. Ultimately, an experience Arizona probate lawyer should be... Read more »

1 Answer | Asked in Probate for Arizona on
Q: My friend before passing away gave me her truck and keys
Gregory Christopher Poulos
Gregory Christopher Poulos answered on May 8, 2020

Title to vehicles are transfer with signatures on the truck title. Giving you the truck and keys, while evidence of your friend's intent does not give you title. The person or persons legally entitled to the truck, if there was no will, is your friend's family. You may want to reach out... Read more »

1 Answer | Asked in Probate and Estate Planning for Arizona on
Q: My gma died a month ago in Idaho under my aunt's care. The executor of the will is completely disregarding her duties

How do obtain copy of the will and go about this process.she did not start a probate she just deposited all money in her personal account and sent a check which she thought i deserved. No copy of will or documentation at all

Nina Whitehurst
Nina Whitehurst answered on May 4, 2020

You can start a probate yourself, and ask the court to appoint you as executor, and the court can order the executor to produce the will. If no will is produced, then the estate is probated according to the laws of intestate succession. As executor, you will have the authority to gather up estate... Read more »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: My exhusband died and we have 1 child. Both our names are listed on the title of his car. Is the car mine?

He was not married.

Nina Whitehurst
Nina Whitehurst answered on Apr 28, 2020

The car belongs to whomever it was awarded to in your divorce decree, notwithstanding that you or he did not update the title. If it was awarded to your husband, then it now belongs to his estate. This will be sorted out when his estate is probated.

2 Answers | Asked in Probate for Arizona on
Q: I am a trustee of my fathers estate and today i got a copy of a motion to disinherit me in the copy of the motion

i read that just a few days ago a judge ruled that the trust was invalid which in az i should of been notified in writting of that my sisters contesting the trust and i never recieved anything let alone a date that it was going to be in from of a judge now she put in a motion to get me disinherited... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 21, 2020

You need to hire a probate attorney immediately to review this matter and advise you. Once a motion is filed and sent to you there is a very short time window to respond. This is an urgent matter.

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3 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My father passed five months ago and there’s no open probate and his will has not been recorded. Is this normal?

My father and I didn’t have a lot of contact over the years, but he did tell me both that he had a will and that I was included in it. I don’t know how to find out since there appear to be no records. I believe my half-sister is living in his home and possibly intentionally concealing his will.... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 16, 2020

I recommend contacting a probate attorney in the state where your father resided at the time of his death. It is not unusual that a probate has not been filed. A probate is not always needed. It depends upon the size of the estate, its asset mix and the prior planning done by your father. Your... Read more »

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My mom died in 2010 and how do I get my mom's property in her name?

My mom died in 2010 and my dad has been staying on the property. My half sister (my dad's daughter)wants me to put half in her name. What should I legally do? (Squatter's rights?) My dad is terminal and will be dying soon and he has a girlfriend living on the property there and may want... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 1, 2020

You are going to need to hire a probate attorney to probate your mom's estate. Probate is the process by which the property of a decedent gets retitled. Who inherits the property depends on whether or not your mother had a will and whether or not the property was her separate property or... Read more »

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2 Answers | Asked in Probate for Arizona on
Q: If someone had given me power of attorney of his estates and money and then he passed how do I claim what he left?

My sister was seeing a man for a few yrs that was older than her. He had no family and wasn't married and wanted to leave everything to her. He had several homes and was very wealthy. About 2 yrs ago he drew up a power of attorney leaving everything to her and had it notarized with 2... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 28, 2020

A power of attorney by itself does not transfer anything to anyone, and it expires at death. Unless there are additional or different facts the estate needs to be probated and will pass to the man’s intestate heirs.

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1 Answer | Asked in Civil Litigation and Probate for Arizona on
Q: I have a question about getting property back from an estate where the person died without a will.

My ex husband and I were married for 15 years. We divorced in 2015. In 2016, my ex husband and I had moved back in together into the home we shared while we were married. If Feb 2018 we had a fight and he filed a restraining order against me, preventing me from returning to the house and getting... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on Mar 20, 2020

You may have to open a probate as a creditor of the estate, but I would suggest starting with correspondence to the son about this. Perhaps a letter from an attorney might help resolve this without going to court.

1 Answer | Asked in Probate for Arizona on
Q: Does executor of a will have to show a the will even if it doesn't go to probate
Ryan K Hodges
Ryan K Hodges answered on Mar 13, 2020

Technically no. But an interested party good get a court order to have get it. If an heir needs the will to get an inheritance or to deal with the estate assets, then the heir should be able to get it.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: should my 90 plus year old grandmother who clearly is senile be able to change my grandparents will

my sister brought her to lawyer and cut everyone out except her and her new husband My grandmother was in her late nineties and didnt recognize anyone in the family so how could she be able to redirect all thier original wishes for thier estate. Is this legal or just moraly wrong,the parties in... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 25, 2020

Hire a will contest attorney to challenge the will on the basis of lack of capacity and maybe also undue influence. A will given while the testatrix lacked testamentary capacity is void, but you have to prove it. If nobody contests it when it is presented to the probate court, it will be admitted... Read more »

1 Answer | Asked in Probate for Arizona on
Q: If I am the representative of my husband's estate in AZ, can I purchase his houses with my personal funds?
Ryan K Hodges
Ryan K Hodges answered on Feb 23, 2020

Probably yes but you need to make sure you purchase it for a fair price especially if there are other heirs. You should probably even get all the heirs to agree on the price.

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