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My mother and father created a joint will. After my mother's death, my father removed me and all of my mother's family from the will and replaced us with his own family. Is it legal for him to make these changes?
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answered on Apr 10, 2025
Consult with an AZ attorney about whether to contest the Will's Probate as the Decedent Father breached a contract to make his Will a certain way. But if Father not dead, you cannot do anything at this time but gather witnesses that there was a contract between your Parents to make such a... View More 
In Arizona, my spouse incurred debt during our marriage for business expenses, but the credit was solely in their name. We have a will and a trust as part of our estate plan, but there are no existing agreements regarding debt. Am I, as the surviving spouse, responsible for this debt?
answered on Apr 2, 2025
Arizona is a community property state. You can be responsible for debts contracted by your husband. But this is a business debt. More information is needed to determine your liability, if any. I recommend that you consult with an attorney. Your attorney will need to know how the buisiness was... View More
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
And receiving a one time insurance settlement? It seems illogical to set up a permanent conservatorship for 18 months worth of time.
answered on Feb 7, 2025
Generally speaking, in Arizona, a temporary conservatorship or a trust can be set up instead of a permanent conservatorship for a minor receiving a one-time insurance settlement. Since the minor is 16 ½, a permanent conservatorship for just 18 months may be unnecessary.
Alternative... View More
answered on Nov 3, 2024
It would provide no benefit at all. In fact, trying to move your assets when in this type of situation is likely to be considered a fraudulent conveyance. In Arizona, those laws can apply both civil and criminal penalties. There are also fraudulent conveyance statutes under the bankruptcy laws.... 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
I went to a bank to get my simple will notarized and he would not notarize it unless I has a Doctors note saying I am of sound mind and body. I have never heard of such a thing. The will clearly states that I am stating I am over 18 yrs old, of sound body and mind, and under no constraint and... View More
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answered on Jul 8, 2024
A notary cannot make you do anything. However you cannot make the notary seal a document either. You may wish to find another notary, and probably some witnesses. Better yet, hire an AZ attorney to draft and execute your Will. Apparently there is something clearly odd or wrong about the... 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
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
My dad died 8 years after my grandpa before any disbursements. The trust says it will go to his children and grandchildren. There is also a part that mentions children preceding him in death and living issues getting their portion. My mom thinks since my dad was alive when my grandpa died that she... View More
answered on Mar 31, 2024
In Arizona, an inheritance is generally considered to be separate property when received. If that applies your father's inheritance did not become community property. Therefore your mother is not entitled to the inheritance. However, in Arizona, spouses have significant inheritance rights and... 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
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answered on Mar 21, 2024
You need a real estate litigation attorney to file a lawsuit against your sister to have the deed declared void due to forgery. Do not delay. But in the meantime, if you get a whiff of the house going under contract then contact the escrow company and pointedly inform them that there is reason to... 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
I am a day trader with a 475 mark-to-market election, and I have a brokerage account where I am actively trading. I also have an investment account, in which I do not trade and a separate IRA account.
My husband runs a small company as a sole proprietor. Since his business carries a high... View More
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answered on Mar 14, 2024
Creating an LLC and transferring your brokerage accounts into it can provide an additional layer of asset protection, as it separates your personal assets from your husband's business liabilities. However, there are several factors to consider:
1. Charging order protection: Arizona... View More
My dad died and left his house to my brother. My brother sold the house and didnt give me the money he promised. Am i entitled to percentage of the sale?
answered on Mar 5, 2024
I am sorry that you lost your father. I am also sorry that your brother did not keep his promise to you. However, if your father gave his house solely to your brother outright and free of any trust as your brother’s inheritance, then you are not entitled to any proceeds of the sale when your... View More
My daughter is on my checking and savings account and my husband is not.
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answered on Jan 11, 2024
In Arizona, if you wish to ensure that your husband does not inherit your money, it's important to have a clear estate plan in place. This can include a will or trust that specifies how you want your assets distributed upon your death.
Since your daughter is already on your checking... View More
assets and a niece as Trustee. The 3 of us do not have a copy of the Will or Trust and have not had a meeting to have them explained to us by the lawyer. The lawyer will only talk to the Trustee and Trustee refuses to allow us to attend a meeting with her. She said all assets were in the Trust... View More
answered on Jan 4, 2024
The lawyer's position is right. The lawyer represents the trustee. You can hire your own lawyer to discuss matters with the trust lawyer if you want. Your cousin should still follow guidelines for administering the trust according to Arizona law.
I listed the wrong year, but the correct VIN number on the form for a car. The RMV in Arizona will not accept the form because I listed the wrong year. It should be 2013 Honda Civic, I listed it as 2014.
Thanks!
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answered on Jan 1, 2024
To correct an error on a Voluntary Administration Statement in Arizona, particularly one involving a vehicle's year of manufacture, you'll need to file an amended statement with the correct information.
Start by contacting the probate court where you filed the original Voluntary... View More
I am listed as the beneficiary on my ex-husband's IRA that was established prior to our marriage. The IRA has not been updated since our divorce, and the divorce decree states he is awarded it. However, the financial institution transferred the IRA to me a couple of weeks ago, and I have not... View More
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answered on Apr 16, 2025
This situation comes down to how the law treats beneficiary designations after divorce. In many states, including under federal law governing IRAs, a divorce may revoke a former spouse’s right to inherit—even if they are still named as the beneficiary—unless the account holder reaffirmed the... View More
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