If your son has a son (your grandson), then the grandson would be the next closest heir, assuming your son is not married. If your son is married, this his spouse would also be an heir.
The estate has the funds but CITIBANK had forwarded to a debt collector. Ascension point.
Typically speaking the creditor will have to show that proof of the claim was assigned to them; however, if they can and they have filed a claim with the PR or the Court, these debts are generally payable. To find out for sure you should contact an experienced probate attorney.
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 »
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.
His assets include a condo, vehicles, and personal items.
Here is the applicable law:
14-2102. Intestate share of surviving spouse
The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse:
1. If there is no surviving... Read more »
House is payed for
Yes, this is possible. The home might need to be sold in order to administer the estate. I strongly recommend that you consult with a probate attorney to learn your legal rights and best options.
I have paid all creditors and surpassed the notice mark long ago (back in June 2020). All that's left to do is distribute to myself and two other heirs. The jargon on packet three of Maricopa informal probate is confusing. It seems it isn't necessary unless I feel it is required or my... Read more »
One option is to file waivers of accounting (along with a release of liability and waiver of notice of any further filings) from the other beneficiaries with the court. That helps “skip” some steps. I hope that helps. Happy New Year!
Iive been purchasing a home from the owner the last 7 years and the owner just died worried the owner sister pulled a bunch of trickery trying to get me out of house when owner was real sick in the hospital awhile back so i fear she will strike again
Hopefully you had a written contract with the decedent and you kept good records. If so, it should be a simple matter of presenting your claim to the probate court.
If you did not have a written agreement then your likelihood of success is greatly diminished but given what is at stake, it... Read more »
My sister lives in Colorado & I live in Arizona...What would be the purpose in removing myself as executor?
I am so sorry for your loss. This question says to me, that there are difficulties here.
Once both you are appointed as Co-Executors of an estate, both of you should generally remain as Co-Executors of the estate, unless there are serious problems or concerns. Your email does not list the... Read more »
Please tell me there could be consequences for an attorney and beneficiaries who knowingly conspired to conceal the fact from the executor and estate attorneys that one of a will’s beneficiaries has predeceased the decedent. The deception preceded the beginning of probate, continued for several... Read more »
I do not believe that I totally understand what occurred. It sounds like their are some facts that have been left out of your question. Generally speaking a beneficiary does have to survive the decedent for a required period of time, and I am confused how an attorney would get a client during... Read more »
I was told by him he had a will. I am on disability due to a disease inherited from him. He said he would take care of me. I live in AZ but he resided in Indiana.
Short answer: Yes.
As an heir of the estate you are entitled to a copy of the Will. There are several ways to go about it. An experienced estate planning attorney will be able to assist you.
Represented testator. He also had the power to make decisions regarding my trust, but I was never told exactly what those were. Release says “I have discussed this with my trustee”, but I was never told I could seek independent counsel. My trustee said that I discussed with him and attorney... Read more »
There are some facts that do cut against you in this case; however, there are a lot of details that an attorney would need to know beyond what you've provided here. Your best bet is to get with an experienced probate attorney.
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 »
https://superiorcourt.maricopa.gov/media/4062/pbse1z.pdf
Sorry for your loss. I hope the information above helps you resolve the issue.
His final will and testament didn't include his new address. The will was made over 30 years ago with his old address. He owns his current home free and clear. No outstanding debts.
I am so sorry for your loss.
Even though this seems like a simple questions it is not. It is actually a very complicated question because the law is very complicated. It is complex in order to make certain that none of the people involved are committing fraud.
So, In order to... Read more »
My ex mother in law died in a car accident 3 days ago, she didnt have a will but has stated to multiple people that I was the one that she wanted to be executor. she was suppose to get in writing but died before doing so. She was living with her boyfriend who is a drug addict and was abusive to... Read more »
I am sorry for your loss.
Unfortunately, when people do not put their wishes in writing, problems arise. What she said before her death, without written proof, may no longer apply. Her children are the best ones to open probate to get control of her assets. I recommend working with... Read more »
The original Will allowed his wife to remain in the home until her death and then property would be transferred to us. 2 weeks before he died he changed the Will and left everything to her. We believe coercion was involved? What are our rights? How do we find out who his attorney is?
The first thing to do is to see the original will. If the wife has it she will need to submit it to probate court and the Clerk will then have the original. You have a right to see it and to question it, especially under the circumstances. One question I have is the value of the house, in... Read more »
I can use the small estate transfer by value of her assets, is this the best process? If I file for probate to sell her house will I have to pay her creditors
I am so sorry for your loss.
It is difficult for me to answer your questions with the facts you give me. I need to know whether your sister had other family...children, spouse or other brothers and sisters. Also who are creditors? Is there a mortgage (in AZ called Deed of Trust) on the... Read more »
In 1998 I married my wife and in 2000 started a 3100 sqft addition to the building. In 2010 my wife had a stroke and all work stop. In 2020 my wife died without a will, the property is still in my name only.
My wife had a daughter from a previous marriage she is asking for half of the... Read more »
This is a complicated question that also involves family law, probate law and is factually dependent. You'll likely need to reach out to an experienced probate attorney.
Here is the relevant law:
14-2103. Heirs other than surviving spouse; share in estate
Any part of... Read more »
A fiduciary LLC has filed a petition requesting a hearing. An emergency hearing has been scheduled for 9/8. Another hearing labeled Miscellaneous(Appearance) is scheduled for 9/22. We have received solicitations to be represented for a percentage of the estate. Decedents may have died intestate.
You’ll definitely want to talk to an experienced probate attorney to review the matter with you so that you can understand the process and your rights.
What are you saying? Is the person a green card holder (LPR) or is the peson an illegal? A person can not be both.
If the person is an LPR with conditions s/he must remove the conditions by filing a waiver of the joint filing requirement.
If the person is a 10 year green card... Read more »
Other sibling and family moved in with me, after a fight, the other sibling filed and was granted a restaining order forcing me out, and is now taking me and beneficiary sibling to probate court. What can i do? I dont know attorney that helped us.
The first thing that comes to mind is contacting the old attorney to see if there is a copy of the will; however, under the rules of not having a will in probate, it sounds like you and your sister would potentially split the home 50/50. You may want to pull the deed to see how it is deeded. You... Read more »
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