Get free answers to your Probate legal questions from lawyers in your area.
My question is about his property. He had a truck, motorcycle, personal items and a bank account. My grandma said what's in the account he owes her so she gets that and she said the truck and other items aren't going anywhere until she says so. Is that legal? Is there something I have to... View More 
answered on Sep 6, 2021
I am so sorry for your loss.
Unfortunately there may not be a simple answer to your questions. Assuming your father was not married, he had no other children, and he did not have any joint bank accounts with others, then you may be the sole heir.
I strongly urge you to set up a... View More
I need proof of serving her. And a petition to request to be PR.
answered on Aug 11, 2021
You’ll want to consult with an experienced probate attorney. This can be a complicated process.
answered on Aug 2, 2021
It sounds like you are asking what the statute of limitations is for a personal representative who does not fulfill his or her duties. The timeframe is two years for such.
answered on Jul 12, 2021
You can use either one. Just make sure you specify which it is.
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... View More
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... View More
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,... View More
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.
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... View More
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... View More
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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.
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,... View More
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... View More
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... View More
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... View More
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.
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.
The estate has the funds but CITIBANK had forwarded to a debt collector. Ascension point.
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.
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... View More
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.
His assets include a condo, vehicles, and personal items.
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... View More
House is payed for
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.
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... View More
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!
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
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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... View More
My sister lives in Colorado & I live in Arizona...What would be the purpose in removing myself as executor?
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... View More
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... View More
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... View More
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