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Arizona Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Arizona on
Q: Can you help me ProBono?

My son and I are receiving assets and monthly payments I have 3 sons that are and 2 homes

Stephen M Vincent
Stephen M Vincent 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

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: If I am not on my mom's bank account and she passed away, am I responsible for the "overdraft"?

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... Read more »

Stephen M Vincent
Stephen M Vincent 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... Read more »

2 Answers | Asked in Estate Planning for Arizona on
Q: Can a errevocable trust be changed. My step mom is trying to remove me from my dad's and hers trust. My dad has passed

I was a successor to the trust. I was told my step brother is now successor. My dad wanted a church to get a percentage, I was told she removed them from the trust. I was told by my step brothers wife in secret, that it was asked if I should be removed aswell. I have no paper work on what is an... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 29, 2021

This question cannot be answered without reviewing the trust in question. No two trusts are alike.

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1 Answer | Asked in Estate Planning and Real Estate Law for Arizona on
Q: I have a question regarding my parents home. On this home they were three owners which were my two uncles to my dad.

In this home they left it because they had personal issues they had to take care of. Leaving us alone for several years to pay mortgage insurance in any other necessary payments. We did receive a letter saying they want to force Sale We did not agree because This is the only home we have and we are... Read more »

Douglas Price
Douglas Price answered on Jun 29, 2021

Due to many grammer and spelling errors this question is impossible to answer at this time. You need professional help and should get it. I recommend that you pay a lawyer to meet either in person (best) or via video chat (not as good as in person). Then discuss your situation to understand what... Read more »

1 Answer | Asked in Estate Planning for Arizona on
Q: In az my son passed away. My ex wife lives over 2000 miles away I am taking care of the bills and cremation.

Funeral home says need both parents permission. Tho he has not had any contact with mother in over 15 years. I had custody when he was a juvenile. He had said he wanted cremation for years. Does the funeral home need my ex wife's permission. She has no issues with the cremation. But the... Read more »

Ilene L McCauley
Ilene L McCauley answered on Jun 28, 2021

I am so sorry for your loss.

The law regarding burial and cremation in AZ is ARS 36-831. Cremation is not a right in Arizona. In order to be cremated one needs a cremation permit. In order to receive this permit the rule is generally that the decedent:

1. Has prepaid the...
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2 Answers | Asked in Estate Planning for Arizona on
Q: How do I add a family member to my deed as joint tenancy w/right of survivorship. House is free and clear.
Ilene L McCauley
Ilene L McCauley answered on Jun 9, 2021

There are many ways to own property. Joint tenancy with rights of survivorship is the least efficient from an income tax perspective. You may also need to file a gift tax return if the value you are transferring is more than $15,000. Finally, if the family member ever has financial or legal... Read more »

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Is a holographic will valid if the testator is physically disabled, but is dictated and witnessed?
Douglas Price
Douglas Price 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,... Read more »

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3 Answers | Asked in Estate Planning for Arizona on
Q: My grandfather passed away in 2019 now I’m being asked to sign a paper what could it be?

I know all of his grandchildren were named in his will but now my mom won’t tell me what this paper says beforehand......

Douglas Price
Douglas Price answered on Apr 16, 2021

You don't have to sign anything until you have had the chance to review it with counsel. There are many fine probate lawyers in Arizona and the cost of a consultation will cost you very little and could save you thousands (or tens of thousands). Many of us will do virtual consultations after... Read more »

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1 Answer | Asked in Estate Planning for Arizona on
Q: Can a cheque for a discrepancy from my now deceased father's 401k be reissued and deposited to "the Estate of his name"?

Before my father's passing, he pulled out funds from his 401K. There must have been some discrepancy in the amount paid to him, as Discover Financial Services sent him a cheque for the amount of the difference (about $400) in 2020. The issue is that this cheque was sent out several months... Read more »

Ilene L McCauley
Ilene L McCauley answered on Apr 13, 2021

I am so sorry for your loss.

I have a few questions though. If there is an Executor, a probate would have to be opened. The Letters of Personal Representative would give the company authority to issue the check. Only a court can appoint someone to be the Executor or Personal...
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1 Answer | Asked in Estate Planning, Criminal Law and Probate for Arizona on
Q: Heir of an intestate Arizona estate engaged in discovery. Estate had conservator for 5 years. What order do I need?

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... Read more »

Andre L. Pennington
Andre L. Pennington 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.

1 Answer | Asked in Estate Planning for Arizona on
Q: Can I Write a Will in One State and Have It Witnessed by a Notary in Another?

I am interested in writing a will, but I need two witnesses to this will. My brother, who will be receiving nothing from the will, will be one of the witnesses. Since I have no other witness, I was thinking about using a notary public from a bank to be my second witness. I have an account at a... Read more »

Douglas Price
Douglas Price answered on Mar 20, 2021

To sign a self-proving will in Arizona (which is the kind you want to have) you need 2 witnesses and a notary and everybody must be present with you when you sign. If I understand what you are proposing, you will be one witness short. In addition, your brother, if he is a beneficiary under the... Read more »

2 Answers | Asked in Estate Planning for Arizona on
Q: Refinancing will only be in Husbands name. How do I protect home in my name as well and not lose if we should separate

My husband is not my sons biological father and I want my son to have my home if something should happen to me. Although my husband is on the Mortgage it is my home.

Andre L. Pennington
Andre L. Pennington answered on Mar 19, 2021

You’ll want to consult an experienced estate planning attorney to help you set this up correctly.

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1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Arizona on
Q: I have a question about my grandparents estate that is currently being held by the Department of treasury.

I have a copy of the will where he states who each property would go to. We also know he had life insurance and his business that was not distributed properly or at all for that matter. The homes he left to family in the will were in Forclosure due to the person not distributing everything the way... Read more »

Ilene L McCauley
Ilene L McCauley answered on Mar 9, 2021

I am so sorry for your loss.

I apologize. I don't know if I understand you completely. If the estate is being held by Treasury, is it because there are back taxes which need to be paid?

To answer your other question. A copy of the Will won't be enough. The will must be...
Read more »

2 Answers | Asked in Estate Planning for Arizona on
Q: How do I go about writing a will in this situation?

I am a middle aged woman who is receiving SSI, and I would like to write a will. Upon my death, I plan on giving all of my household goods to a thrift store, and I would like to place money on the side to pay for any outstanding debts. Also, I am concerned about my personal information regarding my... Read more »

Andre L. Pennington
Andre L. Pennington answered on Feb 26, 2021

It is always tricky drafting legal documents without the assistance of a professional. I recommend talking with an experienced estate planning attorney or at minimum a certified legal document preparer. He or she can help you get squared away. Have a wonderful day!

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2 Answers | Asked in Estate Planning for Arizona on
Q: My dads significant other, not married, showd copy of trust disinheriting biokogical children and now she is acting ...

against his wishes. keeping his remains and estate. trust is not even two months old

Nina Whitehurst
Nina Whitehurst answered on Jan 27, 2021

How do you know that was not his wishes? Is it not possible that he knew he did not have much longer to live and took action (e.g., creating and funding a trust) to ensure that his estate would be distributed according to his wishes.

It is theoretically possible to overturn an estate plan,...
Read more »

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4 Answers | Asked in Estate Planning and Real Estate Law for Arizona on
Q: My mom died and her husband died 10 months later. The home they had was in both names.

I found out that the husbands son has been paying the mortgage and taxes on the property. Am I entitled to anything?

Douglas Price
Douglas Price answered on Dec 16, 2020

The answer to your question depends on a number of factors including how the title to the home was written and whether your parents had wills or a trust and what those documents stated. We would be glad to assist if you can provide our office with more information. As a child of your parents you... Read more »

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1 Answer | Asked in Consumer Law, Estate Planning, Collections and Small Claims for Arizona on
Q: Is a loan company supposed to pursue the executive of state of a deceased person before pursuing co-signer.

Loan company was paid 19k from insurance. Deceased person left remaining balance of 1k due to late payments. Company asked for death certificate to pursue the executive of state but insist that I am liable for the remaining balance.

Andre L. Pennington
Andre L. Pennington answered on Dec 3, 2020

There are 2 areas of law here. If you co-signed for the loan, you are jointly and severally liable, which means they can come after you, as well as affect your credit score. Sorry for the bad news.

1 Answer | Asked in Estate Planning for Arizona on
Q: Received collections letter for my deceased mother, after Notice to Creditors was published & claims deadline passed.

My mom was in the process of filing bankruptcy when she passed away 6 mo ago, but hadn't filed with court. I am successor trustee of her trust, but her attorney wouldn't release her file without a subpoena & retired within days of my contact with him. Without knowledge of who her... Read more »

Andre L. Pennington
Andre L. Pennington answered on Nov 2, 2020

It's generally good that the 4-month window has closed; however, there is a requirement to send a notice to all known creditors, as well. Creditors could argue that they are entitled to a notice directly. It depends on what steps you took to locate any known creditors. Another factor is how... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for Arizona on
Q: Co-trustee and current beneficiary wants to resign and make me Trustee of Land trust - I'm successor and 2nd beneficiary

The Trustor was my Uncle, and he died in 2017. He and his ex-wife are co-trustees for the land trust, I believe his name is still on it because she couldn't get a death certificate (they divorced in 1987). The ex-wife wants to resign as co-trustee and walk away, leaving me the trust and... Read more »

Ilene L McCauley
Ilene L McCauley answered on Oct 26, 2020

I am so sorry for your loss. This sounds like quite a difficult process.

I don't want to give you any advice, based upon what you wrote. Here is what I think you need to do:

1. Determine the value of the real estate, and whether or not the real estate is in the trust to...
Read more »

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Easiest, least expense way to deal with a $1,800 final disbursement payment made to my deceased fathers estate.

In Maricopa County, AZ. Father was a widower with two equal heirs, myself and brother, he has (had) a will and trust document drawn up. I also obtained an estate EIN. His only account transferred as a POD account. No other assets, except this $1,800 check.

Could the check payable to... Read more »

Mike Branum
Mike Branum answered on Oct 7, 2020

https://superiorcourt.maricopa.gov/media/4062/pbse1z.pdf

Sorry for your loss. I hope the information above helps you resolve the issue.

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