It will be 3 years in Oct house sold 2 months ago I need my money now and she knows this and is stalling the closing. She is putting me into dire straits. How do I get this info to the judge?
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answered on Sep 1, 2023
If you, as an heir, believe that the executor of the estate is unduly delaying the closing and distribution of the estate, it's crucial to take action to protect your interests. Start by communicating your concerns directly with the executor, emphasizing the urgency of your need for the... View More 
I and my wife are the beneficiary of an irrevocable trust (the settlor is deceased). After speaking with the trustee/attorney, we chose to not transfer the title out of the trust until my wife and I felt comfortable. In addition, my wife and I live in the home (and have since before the trust was... View More
answered on Jul 13, 2023
Have an experienced attorney in AZ examine your HOA covenants with a title examination of the residential property. Most probably, The Homeowner's Association enjoys written covenants in the real estate records that apply to each property and give it a right to impose the debt with priority... View More
How can I obtain legal rights to stay in my home for 6 mos
answered on Jul 5, 2023
I am sorry for your loss. To fully answer your question, an attorney would need some more information like: (1) How was the home titled at your partner's death? (2) Did your partner have a valid estate plan (Will, Trust, etc.) that includes this home and, if so, does that plan spell out any... View More
answered on Apr 7, 2023
Yes it says: "Lawyer-neutrals may also be subject to various codes of ethics, such as the Code of Ethics for Arbitration in Commercial Disputes prepared by a joint committee of the American Bar Association and the American Arbitration Association or the Model Standards of Conduct for... View More
Father passed in 2014. Mother passed in 2022.
answered on Apr 6, 2023
Assuming AZ house was owned JTWROS between parents, then when dad passed in 2014, the house effectively belonged solely to mother (even though nothing was recorded to reflect that). Then in 2022, the house became part of mother's probate estate. The Will giving the life estate probably governs... View More
Should the GRANTEE on the Quitclaim form be the name of our trust?
answered on Mar 24, 2023
In order to avoid tax problems and the potential loss of federal bankruptcy exemptions as well as state law exemptions, you definitely need to consult the attorney who set up your revocable living trust.
This is not a do-it-yourself project. Just like you would never ever try to set up a... View More
My sister had a beneficiary deed on her home in Arizona. The beneficiary is an ex-friend who is also the named executor of her estate. The mortgage was being paid through automatic payments from an account in South Carolina.(where she used to live) I am the beneficiary of that POD account. Because... View More
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answered on Mar 2, 2023
As a beneficiary of the POD account, you may have a claim to the funds in the account. However, whether the beneficiary of the deed is obligated to reimburse you for the mortgage payment may depend on the terms of your sister's estate plan and any applicable state laws.
If your... View More
answered on Nov 30, 2023
In Arizona the Last Will and Testament will be valid, but it will not be self-proven.
My wife is one of four sisters on a family trust. We bought property from her parents through the trust. We paid on it for 5years. I started college in 2008. Her parents had us over for dinner and told us they didn't want us to make anymore payments while I was in college. Then 3years later... View More
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answered on Oct 11, 2023
Partition Sale is probably the only remedy here. Asking for contribution will most likely be denied.
The attorney that executed my mother's last will is refusing to meet with me for a review of the will. They are claiming they do not represent me, that I have to meet with my brother who is the Executor, and is also a named beneficiary. My brother is not an attorney. I believe the attorney is... View More
answered on Aug 4, 2023
At our law firm we do not talk to beneficiaries, only with the executor that hired us. We advised beneficiaries to look for their own attorney and legal representation.
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answered on Jul 25, 2023
Either offer her enough money for her to execute a deed to you of her interest....Or file suit for a Sale For Partition. This assumes you and her are tenants in common. You might want to have an AZ attorney search the title.
answered on Jun 29, 2023
There are several ways of doing that. A few examples are a life insurance policy that will give her the proceeds need to make payment or make sure she receives adequate funds from your estate plan to ensure the home is paid off. This question would definitely be best posed to an experienced estate... View More
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answered on Jun 21, 2023
Usually the Trust Protector can be anyone, but you have to read the Trust Terms. If not a lawyer, that individual will not know what to do to protect the Trust purposes.
The home is to be sold and distributed among the beneficiaries of the trust
answered on Jun 12, 2023
I would recommend you talk to the successor Trustee of the Trust or have an attorney review the trust. A beneficiary may or may not be able to enter the house.
My husband and I own three homes in Arizona as CPWROS. He has agreed that my share on two homes can go to my beneficiaries if I pre-decease him. I would file a beneficiary deed to accomplish this. I am sure the titles need to be changed from CPWROS. What is the best way to title the property so... View More
answered on Apr 24, 2023
Your question is not as straightforward as you would think. It will depend how the houses are acquired as well. I would recommend you work with an estate planning attorney to design a strategy to accomplish your goals. A beneficiary deed will not necessarily accomplish it.
answered on Apr 7, 2023
American Arbitration Association ("AAA") is a nonprofit organization, not a government agency like a professional licensing board. Arbitrators who agree to arbitrate cases through AAA are required to follow its rules and guidelines, regardless of what state they may be licensed to... View More
I am representing my fathers estate in Arizona probate, I sent out notice to creditors documents to all known creditors, 1 came forward and I paid that one, the rest I have been contacting to see if the balance was charge off. Most have said that a balance remains but a claim wasn’t filed due to... View More
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answered on Mar 24, 2023
If no claim was submitted, then the Estate does not have to pay except possibly for some governmental claims. Is the Estate closed? If not, then consult with a competent AZ attorney about how to close it with minimal payout.
The beneficiaries (I am one) are disputing the final Accounting provided by the Trustee for various reasons. The Trustee has retained counsel to push our hand, but in reviewing the Trust, there is a section regarding "Conflict Resolution" that specifically states thar arbitration should... View More
answered on Sep 28, 2022
Thank you for your question. Getting to arbitration is a process, which generally requires a law suit to be filed. The language seems clear but it is not. The language is saying that a lawsuit which is governed by arbitration is generally less expensive than a full blown law suit. Both choices... View More
Im just trying to do what I can he past away in 2018 and my own family hasn't done a thing I'll pay almost anything
answered on Sep 12, 2022
Thank you for your question. It is important that you know that transferring real estate under circumstances like this can be very complicated. I recommend that you work in stages. The first thing your must do is find out if your father is still the legal owner of the property. Contact a real... View More
answered on Aug 17, 2022
This sounds like you are attempting to use a beneficiary deed instead of a proper estate plan.
Beneficiary deeds are intended to be used for simple transfers of real property after a person's death. While what you are suggesting can be inserted in the deed, it is highly likely that... View More
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