Lawyers, Answer Questions  & Get Points Log In
Arizona Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Somehow my dad's ex girl friend was a beneficiary on his bank account and took 117000 out can I contest the beneficiary

they haven't been together in over 7 years and they only dated for 4. I can't even believe he had her on the account in the first place. Also, it was in a money market account not his checking shouldn't the money market account have a different beneficiary

Ryan K Hodges
Ryan K Hodges answered on Aug 7, 2020

You could challenge the beneficiary designation. It may be difficult though and would heavily depend on the facts of your situation. You should consult a probate litigation attorney.

View More 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 »

View More Answers

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.

View More Answers

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...
Read more »

View More Answers

4 Answers | Asked in Estate Planning and Elder Law for Arizona on
Q: My father just passed, and we just realized that our step mom is not able to take care of her self.

What documents do we need to have her sign, so we can legaly take care of her estate if she were to pass and be able to pay her bills and any other issues regarding her.

Michael Gerity
Michael Gerity answered on Jun 11, 2020

Hello. I am sorry to hear of your loss, please accept my condolences.

The answer to your question would depend, in part, on what kind of estate planning your father had done. Your father's estate may have to go through the court process called probate in order to transfer assets to...
Read more »

View More Answers

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 »

View More Answers

1 Answer | Asked in Elder Law, Estate Planning and Social Security for Arizona on
Q: Hi, What limits exist on transferring a home to an SSI/SSA receipient without effecting benefits? Thanks
Susan Michele Schaefer
Susan Michele Schaefer answered on May 28, 2020

For SSI, countable resources are limited to $2,000 for an individual and $3,000 for a couple. However, Social Security does not count the home the SSI recepient lives in and the land it is on. Therefore, you could transfer the home to the SSI recipient without affecting benefits if he does not... Read more »

1 Answer | Asked in Estate Planning for Arizona on
Q: Can a notary in Arizona notarize a will for an Alaskan Resident while visiting Arizona?

Testator's Last Will and Testament was formatted using a template for the state of AK, Testators property is in Alaska. Testator is visiting family in AZ and would like to have an 'Official' Last Will and Testament before leaving Arizona for Alaska

Andre Lee Pennington
Andre Lee Pennington answered on May 18, 2020

Yes, a notary from one state can notarize a Testator's signature for a last will and testament from another state.

1 Answer | Asked in Estate Planning for Arizona on
Q: Are assets in a irrevocable trust az state pay to debtors before sole beneficiary
Gregory Christopher Poulos
Gregory Christopher Poulos answered on May 17, 2020

Thank you for your question. Unfortunately it is a complicated one that requires more information. At the outset, you refer to debtors, but presumably you mean creditors? The answer to this question really depends on a reading of the irrevocable trust to determine if the payments to the beneficiary... Read more »

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 »

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 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 Estate Planning for Arizona on
Q: Will a trust with specific recipients, keep property and funds to those individuals if I exclude spouses and ex's?

or will CA or AZ law grant 50% to spouse? This includes equity in home to be kept as family home and an account of $100000. Is there a safe way to avoid the 50%

Ryan K Hodges
Ryan K Hodges answered on Apr 23, 2020

Gifts or devises made to a married person in AZ do not automatically become community property. They are retained as separate property unless the married person does something to compromise that status like putting the money into a joint account with the spouse. This can be avoided by keeping the... Read more »

View More Answers

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 »

View More Answers

1 Answer | Asked in Contracts, Estate Planning and Appeals / Appellate Law for Arizona on
Q: My husband passed away and had a business. He was the only share holder so the company is mine. Is this correct?

My stepdaughter, who got half of the business was upset because she did not get all of it. He had a tax and payroll. She has the data entry and payroll and I sold the tax part. Neither of us know tax returns. I gave her 20,000.00. I feel like I was taken advantage of. He passed Jan 2, 2020... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Apr 11, 2020

This depends on whether there was a last will and testament (or Trust that owned the business; or business documents that indicated what should happen) or not. If there was an estate plan that addressed the business, then it controls where it goes. If there was not, see below:

ARS...
Read more »

1 Answer | Asked in Estate Planning and Family Law for Arizona on
Q: How do I find out if my dad had a will? His girlfriend was his POA when he was alive and she doesn't communicate.

I believe he created a trust for my sister and I but we don't know anything about it. Is there a way to look up that info?

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

One thing you can do is look up the home address at the Maricopa County Assessor's Office. It will tell you if the home is in the potential Trust. Here's a link: https://www.mcassessor.maricopa.gov/

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 »

View More Answers

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 Real Estate Law, Divorce and Estate Planning for Arizona on
Q: 1. Can a married couple file their our Will for distribution of half and half of our property?

The are specific in the Will about sealing and distributing the items and monies? Due to having started with a blended family.

Nina Whitehurst
Nina Whitehurst answered on Feb 13, 2020

Wills do not get "filed" anywhere until after the testator/testatrix passes; until then they are private.

Planning for blended families can be complicated, especially if both spouses want to provide for the surviving spouse but still protect the inheritance of the children of...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.