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... Read more »
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...Read more »
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...Read more »
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...Read more »
In Arizona, we live together for 8 years. Trust has no Medical POA. Only a will. We moved 3 mos. ago to mfg home in my name. Boyfriends IRA (I am beneficiary) and healthy checking. Balance. Revocable Trust dated 2017, attorney disbarred in 2018. No e-file.
"Now what?" is a really vague question, but I am answering with the presumption that your question is "how do I make my boyfriend my medical POA?" You need to execute a medical POA and provide the hospital a copy.
You can find the form for the State of Arizona here:...Read more »
Me and my sister are his heirs but my mom(divorced) is telling me that since the insurance company is rebuilding part of the house to keep it up to code, that they're actually going to charge for the repairs. Is that really true and what are mine and my sisters options? And does my mom have... Read more »
An Arizona attorney could advise best, but your question remains open for two weeks. I'm very sorry about the loss of your father. Your question is a little bit complex and straddles a number of categories; I can only address the insurance-related ones. The insurance company's decision...Read more »
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... Read 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... Read more »
He solely purchased the house in 2007. We met in 2014. I had our oldest child in 2016. We married in 2017. He refinanced the house in 2018 or 2019 but didn't want to put me on the home loan even though my credit score is consistently in the upper 830s - 840s. Our youngest was born in 2018.... Read more »
The house belongs to him. A.R.S. 25-213(A) reads, "A spouse's real and personal property that is owned by that spouse before marriage ... and the increase, rents, issues and profits of that property, is the separate property of that spouse." As he owned before the marriage and never...Read more »
I would recommend you talk to an attorney review the Trust. Trusts with special needs considerations are usually more complex than a regular trust. It is very likely the trust may only became irrevocable after the spouse passes away, not after the first person passes away. An attorney will need to...Read more »
In the case of divorce - Trust 1, which has a clause that names the beneficiary as spouse A & states distributions are not community property, owns an S corp (an LLC). The S corp paid distributions to spouse A, which were claimed jointly as non passive income in a community property state (AZ).... Read more »
Unfortunately, you are asking a very difficult question. The answers hinge on the documents currently in place as well as the status of the divorce. The attorney will need to see if there is premarital agreement in place. If so, that agreement may control. We also need to look at the S...Read 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... Read more »
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...Read more »
I am the Successor Trustee for a relative's Revocable Living Trust. Can I get either a Tax ID Number (TIN) or Employer ID Number (EIN) for the Trust prior to the Trustor's death? The purpose being to smooth things out a little after the Trustor's passing and not for taxes prior to... Read more »
Thank you for your question. EIN and TIN are the same and are applied for on the same application.
The answer is you CAN get an EIN (Employer Identification Number) or TIN (Tax Identification Number) for a Trust, but it generally is not a good idea. When the Trustor is alive, the Trust...Read more »
You can state in the new power of attorney that it revoked all previous power of attorney. But you will also need to provide notice of revocation along with the new power of attorney to everyone who has the old one. If you have recorded the old power of attorney then you will need to either record...Read more »
Trust stated that upon sale of house, she receive 50% of the proceeds and 4 adult kids (2 from his previous marriage and 2 from hers) receive the other 50% of the proceeds divided evenly. She sold the house and is still living. Is this considered inheritance for the kids?
Based upon the information you provided, the distribution is an inheritance to all parties.
However, there is more information you need to know. Even though the asset is an inheritance, there may be capital gains tax which must be paid upon the sale of the house. The house got a new...Read 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!... Read more »
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... Read more »
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...Read more »
For example - from the time the executor of the estate gets the will or from the date of death - any processes have a time limit - forming the estate, any taxes that need to be handled etc.. is it reasonable to wait 6+ months to begin any of this process
Yes, there is a time limit and it is generally 2 years from date of death. A probate should be filed before this time to be "timely" although a "tardy" probate can be filed after 2 years with "restricted" letters. Generally, it is better to act sooner rather than...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.