Get free answers to your Probate legal questions from lawyers in your area.
She left 60,000 for me and my brother. She has a husband we cannot locate so the bank won’t release the money
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.
It's a complicated story. I've lived with my grandma since I was 10 days old, she claimed guardianship of me because her daughter was deemed unfit. My grandma passed in 12/2019 and I've still stayed here as I have nowhere else to go. I don't have friends and most of the family... View More 
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answered on Jul 15, 2022
Hire a competent AZ lawyer to determine Heirship. If you are an Heir, then record an Affidavit of Heirship and file suit for Partition against the other owners.
How do I protect my children from abusive relatives if something happens to me?
How long will it take to set up my Trust?
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answered on Jul 11, 2022
Probate is expensive, time-consuming, difficult and public. I am not a fan. I do try to design plans for my clients that avoid probate.
You can help protect your children from abusive relatives if you put their inheritance in a trust with a professional fiduciary in charge. That way an... View More
my uncle has yet to tell me anything about a trust my mother left me when she passed away almost 3 years ago I only know a little because of my brother telling me .I've asked my uncle about it and still nothing .I think he is trying to cause a hardship that way I would be inclined to sell my... View More
answered on Jun 17, 2022
When a person has a trust, it becomes irrevocable upon their death. The successor trustee of has a fiduciary and legal obligation to report to the beneficiaries of a trust.
At a minimum, assuming you are a beneficiary, you should have been provided with, at a minimum, a copy of the... View More
My son's last wish (no will) was that his partner own the home they lived in. Being the heir (his mother), with him having with no children or wife, the home will be quit claimed to me. I wish to quit claim it to his partner asap. Can I do this or will she have to be approved through the... View More
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answered on Jun 15, 2022
As with so many things, there are many issues to consider. Yes, once you are the owner you can quitclaim the property to anybody you want. You should talk to your CPA about whether this will trigger a gift tax for you. Most likely it will not, but that is an issue to pin down. And, yes, there... View More
Can I as a legal adult be forcibly removed and will my friends get in trouble?
answered on May 17, 2022
You put this in the categories. This is not a contracts, criminal, or family law matter. It's something that would be better asked of a probate attorney.
Is your power of attorney revocable? If it is, you should revoke it. Again, that is something you should discuss with a probate... View More
My father passed away September 2021. He left several items in his will to me, and left many items unresolved in his estate. He lived on property owned by his 10 year long life partner (unmarried). The partner is not allowing anyone on site nor is she answering any requests for specific heavily... View More
answered on May 15, 2022
Unfortunately this happens too often. The life partner probably feels some entitlement and does not want to deal with the fact that she (or he) has no legal right to your father's property. It is concerning that this has been allowed to linger since September, but I your recommend drafting a... View More
My husband was found dead from suicide in 2005 and was handed over to the public fiduciary office as an "indigent" but they failed to figure out that he was a veteran with an honorable discharge or to locate me in the same county, or his father who was listed in the phone book in AZ!... View More
answered on Mar 26, 2022
In short, it depends on the steps taken by the fiduciary. I recommend contacting an experienced probate attorney to discuss.
My grandmother passed away, leaving behind my mother and her sister. My mother is/was the executor/probate/representative for grandmother. My mother passed away in January and I am now her executor/responsible person. Am I in charge of my grandmother's estate now too, or does that fall to my... View More
answered on Mar 25, 2022
Sorry for your losses ... it will go by the order in the Will or if there is no will it sounds like your Aunt will need to petition the court to replace your mother as personal representative. It may be helpful to contact an experienced probate attorney to help guide through the process. Good... View More
I am petitioning to be personal rep. of my brother's estate (informal probate). He died without a will. He has 5 children under the age of 18. He was never married and my sister and I are his only siblings. Our parents are dead. His estate is estimated to be less than $20,000. It says that all... View More
answered on Mar 25, 2022
Estates that are valued at less than $75,000 are not required to go through probate. You should contact an experienced probate attorney to guide you in the right direction, but here is a link to help:
https://superiorcourt.maricopa.gov/media/4062/pbse1z.pdf
My mom was in proccess of doing a will but she only got a few things writen down and it wasnt signed or anything. And she was filling for a disoulution of marriage at time of deqth too
answered on Mar 15, 2022
Those are a lot of things that almost happened.
If the will isn't completed and signed, it's not valid.
If the divorce isn't finalized, she died a married woman.
Unless there was a prior will, it looks like her case will go through probate and the... View More
My rights are fully intact and dad is now in prison and the stepmother is not letting me see or speak to my children can I get the cops and go get my kids
answered on Jan 17, 2022
I think just showing up and taking the kids would do more harm than good, and most likely, the police aren't going to assist you; they will instead tell you that you need to go file with the Court.
If I were you, I'd file a Petition to Modify Legal Decision-making, Parenting... View More
I filed malpractice against that lawyer am I in the right track i know my friend since 2009 but moved in with him In 2016 I helped him a little to buy the home in 2018 .We wonder about documents that we notarize with PLLC lawyer he said we get something in mail.On august 24 2021 from Maricopa... View More
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answered on Jan 14, 2022
This is a question that you should be asking the attorney who is helping you with the malpractice lawsuit. If you did not obtain any advice before filing the lawsuit, then that was a very big mistake. You could be wasting a lot of money.
No attorney in this forum can give you any kind of... View More
So my father has passed away, and I was labeled power of attorney. I have the death certificates, all the paperwork from his funeral services, and an open probate case for the house. I basically just need to know if I have authority to demand rent from people who resided in the house before my... View More
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answered on Dec 5, 2021
The power of attorney automatically ended when your father passed away. If you have been appointed executor or personal representative or administrator of his estate then, yes, you have the authority to enforce any existing lease, including demanding rent pursuant to the lease. Or you can evict... View More
I need information on my parents who passed away and sister who is controlling the will and it's not allowing me any information on it of their state of their will of their house of any funds or any anything for that matter. What's the best way how to handle this matter?
answered on Nov 29, 2021
The State Bar of Arizona has a service where lawyers volunteer to work pro bono. or with out cost. Contact the State Bar directly. Someone will be able to help you.
FYI. The State Bar of Arizona may still be on lockdown. If you don't hear from them within a reasonable amount of... View More
So I lived with my grandma since I was 5 days old. She wanted the house to go to me when she died but they will got lost somehow. It's a really crazy story but yeah. I've tried having a lawyer and it didnt work out, came down to getting one last signature for probate and he wouldnt sign... View More
answered on Oct 22, 2021
There are not enough details here to give an answer, but please feel free to reach out if you’d like to discuss.
answered on Oct 16, 2021
I recommend that you consult with a probate attorney before taking any action. Since you have been ordered to post a bond, your appointment to serve as personal representative will not be made until the bond is posted. Any action attempted prior to your court appointment is unwise and will be... View More
I inherited my father’s share of a home that is titled “Tenancy in Common”. The other owner is his 2nd wife of 35 yrs. In his will, she has a life estate of my father’s share. My father passed 10 yrs ago. His will has not been probated; 50% of title is still in his name. The wife is... View More
answered on Sep 17, 2021
I am sorry for the loss of your father and all of these challenges.
Unfortunately I cannot answer your question about value of your interest, without reviewing your father's will, and without additional information. I strongly urge you to find an attorney in the county in which the... View More
My wife grandmother pasted away few days ago and we are looking to move inside her house but don’t want to make a mistake. My wife has a Will from her grandmother which state she is leaving the house to us. We are planning to start the probate process within the next 30 days.
answered on Sep 14, 2021
I am so sorry for your loss.
A Last Will only has authority after the Last Will is admitted into probate and a Personal Representative is appointed. Find an attorney in Mohave County to help you . After the Last Will is admitted and the Personal Representative is appointed, the attorney... View More
I am the personal rep of her estate. Will I need to do Deed of Distribution and quitclaim deeds for the two brothers? Also, one is in jail so what happens to his part of the buyout and how do I get those forms signed?
answered on Sep 13, 2021
The buyout can take various forms. The most straightforward version is to buy it from the estate for fair market value. The estate would then later split the money when the time comes.
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