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Arizona Probate Questions & Answers
1 Answer | 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 the... 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 community... Read more »

2 Answers | Asked in Probate for Arizona on
Q: If someone had given me power of attorney of his estates and money and then he passed how do I claim what he left?

My sister was seeing a man for a few yrs that was older than her. He had no family and wasn't married and wanted to leave everything to her. He had several homes and was very wealthy. About 2 yrs ago he drew up a power of attorney leaving everything to her and had it notarized with 2 witnesses. He... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 28, 2020

A power of attorney by itself does not transfer anything to anyone, and it expires at death. Unless there are additional or different facts the estate needs to be probated and will pass to the man’s intestate heirs.

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1 Answer | Asked in Civil Litigation and Probate for Arizona on
Q: I have a question about getting property back from an estate where the person died without a will.

My ex husband and I were married for 15 years. We divorced in 2015. In 2016, my ex husband and I had moved back in together into the home we shared while we were married. If Feb 2018 we had a fight and he filed a restraining order against me, preventing me from returning to the house and getting... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on Mar 20, 2020

You may have to open a probate as a creditor of the estate, but I would suggest starting with correspondence to the son about this. Perhaps a letter from an attorney might help resolve this without going to court.

1 Answer | Asked in Probate for Arizona on
Q: Does executor of a will have to show a the will even if it doesn't go to probate
Ryan K Hodges
Ryan K Hodges answered on Mar 13, 2020

Technically no. But an interested party good get a court order to have get it. If an heir needs the will to get an inheritance or to deal with the estate assets, then the heir should be able to get it.

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 Probate for Arizona on
Q: If I am the representative of my husband's estate in AZ, can I purchase his houses with my personal funds?
Ryan K Hodges
Ryan K Hodges answered on Feb 23, 2020

Probably yes but you need to make sure you purchase it for a fair price especially if there are other heirs. You should probably even get all the heirs to agree on the price.

1 Answer | Asked in Probate for Arizona on
Q: co-executor issues. I’m doing all the leg work, and physical work. She ignores my messages for days. Assets < 75,000

My dad has a will named his co executors as myself his dtr and his significant others dtr (they weren’t married). I want to follow my dads wishes and I feel like I have to hurry up and get everything done. She has done nothing other than sign documents to sell his house. I had to find the... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 21, 2020

Where there co-executors it is not unusual for one of them to do most of the work. A co-executor can be removed by court order but I would not recommend spending estate assets for this procedure unless the co-executor's conduct is causing loss or damage to the estate. I recommend completing the... Read more »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: As second named trustee, can I file suit on behalf of the estate when first successor trustee chooses not to act?

I am the second named successor trustee of an irrevocable trust and the trust document’s only wording regarding succession states, “If ___ fails to act for any reason, then ____ shall act without bond”

Nina Whitehurst
Nina Whitehurst answered on Jan 17, 2020

First try to get the first named trustee to sign a resignation. Or, if a trust protector is named in the trust document, ask the trust protector to remove the first named trustee. If the foregoing doesn't work, hire a trust administration attorney to review the trust document to see what your... Read more »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: The trustee of my fathers irrevocable trust breached many of her trustees duties . I hired an atty which I paid 14,000

Paid atty in order to get finacial records they would not give me because they could not interrupt the terms in the trust to determine what my interest was . I refused to sign a release of liabilities and the trustee refused to guve me an early distribution . The trustee Than charged me for the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2020

The best source of advice for this situation is your existing attorney, who knows the facts and circumstances better than anyone else besides yourself. If you are dissatisfied with your existing attorney, it is within your power to fire him or her and hire another attorney. Be prepared, however,... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Constitutional Law and Probate for Arizona on
Q: Paid mom for property, she died intestate, outstanding mtg.1616. Is property part of estate.I was assigned title.

I will assume 1616 owed on mtg. Since I also had POA, and property was security to me coupled POA, can I just file as owner with contract. I fully performed.

Nina Whitehurst
Nina Whitehurst answered on Jan 2, 2020

It sounds like you paid for the property but never got a deed. Yes, the property would be part of her estate and you have a claim to receive it pursuant to contract. You should hire a probate attorney to help you pursue that claim.

1 Answer | Asked in Probate and Estate Planning for Arizona on
Q: My mother just died in California. Next of kin is her husband (my stepfather) and a total of four children.

There is no will. My sister has proclaimed herself executor of the estate. I'm in Arizona. How does her property get distributed?

Nina Whitehurst
Nina Whitehurst answered on Dec 15, 2019

You need to identify which items in your mother's estate were her community property with your stepfather and which were her separate property. Under California law, your stepfather will inherit all of your mother's community property and one-third of her separate property. Your mother's children... Read more »

1 Answer | Asked in Probate for Arizona on
Q: My father and grandmother passed away I was born after both wills were sighned. Family took my inheritance what can I do

Theres alot of property and money involved and there was plenty of benefit for my uncle that was executor. However he is also passed away . Last week I found out about all this and the family has been keeping all of this away from me

Nina Whitehurst
Nina Whitehurst answered on Dec 15, 2019

There are way too many missing facts to answer your question. You will get the best results by scheduling a personal consultation with a probate attorney in your area.

2 Answers | Asked in Probate for Arizona on
Q: Can I press charges against my brother for signing a small estate affidavit and taking my fathers entire estate ?

Father died without a will. Brother signed affidavit saying hes the only child-I tried to open probate but judge denied me to be administrator because I have to work out of state all the time. He said I could refile but if I cant be admin. whats the point. Does this mean my brother gets away with... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 14, 2019

Hire a probate attorney to represent your interests in the probate. You don’t have to be the administrator to keep watch on what is going on and file a petition to restore property to the estate.

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1 Answer | Asked in Probate for Arizona on
Q: Can I file probate for property my father has in AZ?

My sister is the executor of my fathers estate in FL. Her and I are close and have no issues. Is it possible for me to file probate for land my dad has in AZ since I live here? Or does she have to file?

Ryan K Hodges
Ryan K Hodges answered on Nov 6, 2019

It is possible for you to apply to be appointed as the personal representative in Arizona to handle the AZ property.

You then proceed more or less like a normal probate. However, the process is simpler if your sister files to have her authority recognized in Arizona rather than having...
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1 Answer | Asked in Probate for Arizona on
Q: can a personal check that I wrote as power of attorney for my father prior to his passing be cashed after his death?

It is from his personal account, and his estate is not in probate. He passed 10-01-19

Check was written 9-30-19

Nina Whitehurst
Nina Whitehurst answered on Oct 27, 2019

Under Arizona law, death of a bank customer does NOT revoke the authority of the bank to accept, pay, collect or account until the bank knows of the fact of death and has reasonable opportunity to act on it. Even with knowledge of death, a bank may for TEN DAYS AFTER THE DATE OF DEATH pay or... Read more »

1 Answer | Asked in Probate for Arizona on
Q: My mom died almost a year ago her home is in Probateontest I m the only one on it. Water company wont turn water on

What can I do to have the water turned on in the meantime

Ryan K Hodges
Ryan K Hodges answered on Oct 21, 2019

If the home is in probate, then the personal representative should be able to get the water turned back on.

2 Answers | Asked in Probate for Arizona on
Q: Should I contest will & what are possible outcomes? Father created will & marries after terminal brain cancer diagnosis.

My Father was diagnosed with Glioblastoma Brain Cancer in April 2019. Immediately, he was deemed unable to drive and was put on anti seizure meds. Here's a quick timeline of events as they occurred in order.

1. Cancer diagnosis April 2019.

2. Created or changed will and trust June... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2019

There is not enough information to answer your question. An attorney would need to review your father’s entire estate plan and possibly also his medical records in order to even start providing any kind of analysis regarding your options.

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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Husbands fathers Granddaughter was given medical Pos in Arizona. Hospital called her on Monday he Died on Wednesday

She took the car keys, the laptop the phone and still never called anyone she lied to the mortuary and said he was homeless with no family she cannot afford to pay for the cremation but she told us we have no rights We believe she was undue influence on him She will not show the will And just left... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 17, 2019

Powers of attorney have no effect after the principal dies. She has no authority.

Your best recourse is to hire a local probate attorney to help you probate the decedent's estate. If you don't have access the will, but you believe that she does, you can get the court to order her to turn...
Read more »

1 Answer | Asked in Probate for Arizona on
Q: Can an Arizona attorney adequately advise me on California inheritance laws or do I need to consult a California lawyer?
Nina Whitehurst
Nina Whitehurst answered on Sep 11, 2019

An Arizona attorney can research California inheritance laws the same as any other attorney can. However, unless he or she is doing the research for free, you will probably find it cheaper to contact a California probate attorney because they have these laws memorized.

2 Answers | Asked in Probate for Arizona on
Q: My mother passed recently involved in a class action lawsuit, with no will. My sister wants me to waive the bond she

Would have to buy to secure my other brothers and sister and I. I don't feel comfortable waiving that bond because for one she already cleaned my mother's house out took all her jewelery and said all that was left was cleaning supplies and clothes, my grandparents are claiming my mother's vehicle... Read more »

Ryan K Hodges
Ryan K Hodges answered on Sep 5, 2019

The bond serves to insure that your sister properly administers the estate. If she steals assets from the estate and does not have them to return, then you could get reimbursed from the bond. Waiving the bond does not absolve the personal representative from liability to mismanagement, but the bond... Read more »

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