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Arizona Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Somehow my dad's ex girl friend was a beneficiary on his bank account and took 117000 out can I contest the beneficiary

they haven't been together in over 7 years and they only dated for 4. I can't even believe he had her on the account in the first place. Also, it was in a money market account not his checking shouldn't the money market account have a different beneficiary

Ryan K Hodges
Ryan K Hodges answered on Aug 7, 2020

You could challenge the beneficiary designation. It may be difficult though and would heavily depend on the facts of your situation. You should consult a probate litigation attorney.

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1 Answer | Asked in Civil Litigation, Arbitration / Mediation Law and Probate for Arizona on
Q: Father in law recently passed. Widow not abiding his wishes to give his kids belongings, items prior to marriage. Hers?

Father in law did not have a will. He always told everyone what he wanted to leave to his biological kids. Widow now says he never said those things. She is refusing to give anything to anyone. Can his kids fight for what their dad always promised them? Widow is now giving those items to her... Read more »

Ilene L McCauley
Ilene L McCauley answered on Jul 30, 2020

I am so sorry for your loss.

You will have to hire an attorney to represent your interests. You have rights, but they may only be enforceable by court order.

2 Answers | Asked in Probate for Arizona on
Q: My brother and I are the only 2 hiers for my mother which I am executor my mother was willed a house but did't transfer

My mother did not transfer deed before she passed I am currently living in house it is going to be separate probate is my brother entitled to half

Ryan K Hodges
Ryan K Hodges answered on Jul 28, 2020

You should consult an attorney and provide the relevant documents and wills for the two estates. The house will probably still pass to your mom's estate and then would pass to her two heirs equally unless there are wills or other documents that would change this result.

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3 Answers | Asked in Probate for Arizona on
Q: My mom died without a will Dec 2, 2019. Her only major asset is the house, located in Park Scottsdale.

There is a reverse mortgage and credit debts, as well as this year's property tax, probably totalling a little over $300,000. This area is being re-developed- a teardown was bought across the street and the new build sold for 1,150,000. Our lot is about 1/4 acre, to be sold as is. How do I... Read more »

Ryan K Hodges
Ryan K Hodges answered on Jul 27, 2020

To be a small estate, the estate must have less than $75,000 in personal property (bank accounts, cars, investments, etc.) and less than $100,000 in equity in real estate. The valuation for the property is determined by the county tax assessed value. You can also deduct any mortgages owed on the... Read more »

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2 Answers | Asked in Probate for Arizona on
Q: Dad died w/o a will. Only has a home with $50k in equity, and $8-10k in debt. Would I be required to sell to pay debt?

I have 3 siblings that do not want anything from estate. I have lived in the home for the last 6 years, and cannot afford to rent another home or apt. I would like to stay in the home and take over payments if possible. Would I be able to do just a small estate transfer, or informal probate?

Peter H. Westby
Peter H. Westby answered on Jul 24, 2020

This estate appears to be small enough that it could be administered by using the small estate affidavit process provided all estate heirs cooperate. However, under Arizona law, provision must still be made for debt. Since the estate is small, perhaps some of the debt might be forgiven by the... Read more »

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2 Answers | Asked in Probate for Arizona on
Q: When my father died, with a will he left me some things. My brother, the executor, never transferred anything to me nor

Told me I was due anything. He closed the will notifying the judge that I had received the property. He has since died. Can I recover this property? Is the will still valid?

Peter H. Westby
Peter H. Westby answered on Jul 24, 2020

This is a complicated issue and you have provided insufficient facts to determine what your best options may be. I recommend reviewing this matter with a probate attorney. Your probate attorney can learn all of the facts and let you know what can be done at this time.

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3 Answers | Asked in Probate for Arizona on
Q: Can a PR (who is also a beneficiary) withhold inheritance until beneficiary sign a waiver/release/contract?

And Does a beneficiary have to waive all their rights in order to get an inheritance?

Peter H. Westby
Peter H. Westby answered on Jul 20, 2020

It is customary to sign a waiver at the time an estate is distributed. But you do not need to waive your rights. Instead, you may enforce your rights by bringing any claims or concerns you have before the Court. The Court will address your concerns and can order distribution. This process may... Read more »

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1 Answer | Asked in Probate for Arizona on
Q: My father passed away a few weeks ago and my mother is in A assisted living with dementia. We found no will

How do I go about selling their manufactured home and collect on his life insurance policy to pay off his bills.

Douglas Edmunds
Douglas Edmunds answered on Jul 20, 2020

This could be a tricky situation.

Life Insurance - it just depends on who the beneficiary of the policy is. If you are the beneficiary, then submission of a death certificate and a little paperwork for the company will be enough. If mom is the beneficiary it is similar, but obviously her...
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3 Answers | Asked in Probate for Arizona on
Q: What are my rights on firing my current lawyer in the middle of a probate case
Peter H. Westby
Peter H. Westby answered on Jul 15, 2020

In Arizona you can discharge your lawyer at any time-with or without cause. Once discharged, your lawyer will withdraw as counsel and you will be responsible for handling all pending matters in your probate case. This can be difficult under some circumstances. I recommend consulting with... Read more »

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3 Answers | Asked in Probate for Arizona on
Q: Mom died with no will. Car is paid for but home is in forclosure. Do I still file in probate court?

Mom left no payable life insurance and hardly any $ in her checking account.

I am last surviving child and I paid for cremation services but can't afford to pay off her debt or save the house which is financed to the max, there is no equity in the home.

The car might bring... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on Jul 7, 2020

It may be worth talking to a probate attorney to discuss the specifics, but check out this link: https://superiorcourt.maricopa.gov/llrc/prob_pbse1/

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2 Answers | Asked in Probate for Arizona on
Q: Deceased Grandfathers, (will loffice complex in his name , where son works and lives , dad dies ,(will) wife wants it ..

Son is in grandfather will , wife wants to use fathers will , its in gtandfathers name still , who gets it ?

Peter H. Westby
Peter H. Westby answered on Jun 27, 2020

You have provided insufficient information to answer your question. This is an important matter and I strongly recommend that you consult with a probate attorney to get answers that you can trust.

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My dad died w/no will. He was divorced, and got house but never had ex's name rmvd. Does she get house now?

The deed is a joint tenancy with rights of survivorship. His ex wife never had her name removed from deed. So would the house automatically still go to her?

Peter H. Westby
Peter H. Westby answered on Jun 25, 2020

It should not go to the ex wife because of the divorce decree and because the divorce automatically terminated her right of survivorship under Arizona law. But she is now in a position to possibly take advantage. I recommend contacting a probate attorney immediately to take action to protect this... Read more »

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2 Answers | Asked in Probate and Estate Planning for Arizona on
Q: Do you have to wait 6 months to file the small estate affidavit?
Ryan K Hodges
Ryan K Hodges answered on Jun 25, 2020

If the small estate affidavit is for real property, then yes. You also have the option of opening a normal probate if you do not want to wait that timeframe.

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My father passed away 2 months ago. He had no valid will. And its pretty much just me. He has very little property.

He has an old trailer I need to sell or give away.

Ilene L McCauley
Ilene L McCauley answered on Jun 25, 2020

I am so sorry for your loss.

Motor vehicles has a small estate affidavit process which will probably work for you. There is a maximum value of $75,000 to use the Affidavit. However, as a result of COVID 19, MVD is not open. There are many independent vehicle title companies throughout...
Read more »

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: As successor trustee of my mother's revocable trust, am I required to transfer title of her property?

My mother passed away a month ago. I am successor trustee of her revocable trust and executor of her will (she resided in AZ). I plan on selling her property right away. Am I required to transfer title in c/o my name as TTE? It was suggested I file informal probate bc she owed a substantial amount... Read more »

Gregory Christopher Poulos
Gregory Christopher Poulos answered on Jun 8, 2020

There is a piece of information that may missing from your question. That is, whether the property was in the name of the trust or her name only. The answer to that question will help guide your question about which direction you have to go. If the house is in fact in the trust which your question... Read more »

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2 Answers | Asked in Probate for Arizona on
Q: I was a beneficiary of life insurance policy in will mom wants money go towards buy house form bank do I have to

My understanding is that she can't will something she never had

Nina Whitehurst
Nina Whitehurst answered on May 15, 2020

If you are the named beneficiary of the life insurance policy, as reflected on the records of the life insurance company, then no, you are the sole owner of the proceeds and you can do with them as you wish. This is also true if the owner's estate was the beneficiary of the life insurance... Read more »

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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: When our parents were married our father had 2 kids with another women during the marriage.

both my parents are now decesed there was a will and trust neither are mentioned and now those sibling are contacting us. Do we let them know they are not included in will nor named in trustor just ignore? There really is no money just a little equity in the home once it sells. It does state in... Read more »

Mike Branum
Mike Branum answered on May 15, 2020

This is not a family law question, just FYI. This should be asked in wills and probate to increase the chances of getting a better answer. The common sense answer is "don't be an a-hole, talk to your half siblings and explain things to them." The legal answer is, you should really... Read more »

2 Answers | Asked in Probate for Arizona on
Q: If an estate is in probate, do creditors file a claim with the court or with the estate's executor?
Ryan K Hodges
Ryan K Hodges answered on May 13, 2020

In Arizona, you can actually do either one. You can also file a lawsuit against the estate if that is appropriate.

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1 Answer | Asked in Banking, Estate Planning and Probate for Arizona on
Q: I have money in my bank that is not mine how long until it is mine?

I acted as the executor for my father's passing. Because of covid my siblings could not be present for collecting his estates. I told them I would send there part once it's in my possession. I now have it in a bank account ready to go but they have not given me the information to transfer... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 9, 2020

You can never claim it as your own. If you are unable to find the true owners within three years you must turn the money over to the state.

1 Answer | Asked in Probate for Arizona on
Q: How can an Arizona citizen by virtue of being surviving spouse of heir, transfer her small interest in a Fla property?

She just learned she had inherited from her husband who inherited from his sister who died in 2016 in Florida. Her husband died in 2017 in Arizona. His estate was not probated but his sister's estate was  belately probated in 2019 as summary admin in Florida.

His  sister had... Read more »

Andre Lee Pennington
Andre Lee Pennington answered on May 8, 2020

I had a little trouble following the breakdown. But if I am reading correctly it sounds like your late-husband's estate needs to be probated in AZ so that an ancillary probate can be opened in FL for his share of the real property. Ultimately, an experience Arizona probate lawyer should be... Read more »

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