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Arizona Probate Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Arizona on
Q: Im trying to take over my father's land it was sign over to him long ago I was wondering if I can get it

Im just trying to do what I can he past away in 2018 and my own family hasn't done a thing I'll pay almost anything

Ilene L McCauley
Ilene L McCauley
answered on Sep 12, 2022

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 »

1 Answer | Asked in Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Sister got quitclaim deed and mobile title transfer for dads places, specialist determined its forged do I have a case?

My dad had brain surgery, but my sister is claiming he signed a quitclaim deed for his house to her less than 2 months later but the signature doesn't match his. He has since passed away and we didn't find out until over a month later that she did this when we were about to move forward... Read more »

Peter H. Westby
Peter H. Westby
answered on Aug 1, 2022

From the information you provided it sounds like you may well have a case with merit. I recommend that you consult with an attorney who handles probate litigation matters. Your lawyer will need to know more of the facts and learn more about the handwriting specialist you hired before he or she... Read more »

1 Answer | Asked in Insurance Bad Faith, Divorce, Estate Planning and Probate for Arizona on
Q: My dad was staying in a hotel that his insurance company paid for while his house was being repaired but he just died.

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 »

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2022

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 »

1 Answer | Asked in Probate for Arizona on
Q: My sister lived and died in New Mexico. She left a will. Do I need probate lawyer from NM? I live in AZ

She left 60,000 for me and my brother. She has a husband we cannot locate so the bank won’t release the money

Peter H. Westby
Peter H. Westby
answered on Jul 18, 2022

You will need to hire a New Mexico lawyer to assist you in administering your sister's estate. Ask your New Mexico lawyer if your sister's estate qualifies for expedited treatment as a small estate or if a probate will be needed.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Arizona on
Q: How do I claim my grandma's house without a will?

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 »

Anthony M. Avery
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Anthony M. Avery
answered on Jul 15, 2022

Hire a competent AZ lawyer to determine Heirship. If you are an Heir, then record an Affidavit of Heirship and file suit for Partition against the other owners.

1 Answer | Asked in Criminal Law, Family Law, Child Custody, Probate and Estate Planning for Arizona on
Q: What’s your opinion of the probate process?Under what conditions do you recommend a Living Trust?

How do I protect my children from abusive relatives if something happens to me?

How long will it take to set up my Trust?

Nina Whitehurst
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Nina Whitehurst
answered on Jul 11, 2022

Probate is expensive, time-consuming, difficult and public. I am not a fan. I do try to design plans for my clients that avoid probate.

You can help protect your children from abusive relatives if you put their inheritance in a trust with a professional fiduciary in charge. That way an...
Read more »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: can an executor of a trust be removed if he has failed to inform the beneficiary when it became irrevocable 2 1/2 yrs

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 »

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Jun 17, 2022

When a person has a trust, it becomes irrevocable upon their death. The successor trustee of has a fiduciary and legal obligation to report to the beneficiaries of a trust.

At a minimum, assuming you are a beneficiary, you should have been provided with, at a minimum, a copy of the...
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1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: My son died without a will. I am the heir. Can I quit claim the house to his partner after it is quit claimed to me.

My son's last wish (no will) was that his partner own the home they lived in. Being the heir (his mother), with him having with no children or wife, the home will be quit claimed to me. I wish to quit claim it to his partner asap. Can I do this or will she have to be approved through the... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 15, 2022

As with so many things, there are many issues to consider. Yes, once you are the owner you can quitclaim the property to anybody you want. You should talk to your CPA about whether this will trigger a gift tax for you. Most likely it will not, but that is an issue to pin down. And, yes, there... Read more »

1 Answer | Asked in Probate for Arizona on
Q: If someone has power of attorney over me at 21 can I move to another state with some friends without their consent?

Can I as a legal adult be forcibly removed and will my friends get in trouble?

Stephen M Vincent
Stephen M Vincent
answered on May 17, 2022

You put this in the categories. This is not a contracts, criminal, or family law matter. It's something that would be better asked of a probate attorney.

Is your power of attorney revocable? If it is, you should revoke it. Again, that is something you should discuss with a probate...
Read more »

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: A decedent passed in September 2021. Their life partner is not allowing and desendants on the property for willed items.

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 »

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on May 15, 2022

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 »

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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: What happens if the Maricopa County Public Fiduciary failed at locating proper next of kin or an honorable discharge?

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 »

Andre L. Pennington
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Andre L. Pennington
answered on Mar 26, 2022

In short, it depends on the steps taken by the fiduciary. I recommend contacting an experienced probate attorney to discuss.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: My mom had executor/probate powers over her mother's estate, my mom died before finishing it. Am I responsible for it?

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 »

Andre L. Pennington
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Andre L. Pennington
answered on Mar 25, 2022

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 »

1 Answer | Asked in Probate for Arizona on
Q: In AZ probate law, how do I handle "waiver of of bond" when there is no will and the heirs to the estate are all minors?

I am petitioning to be personal rep. of my brother's estate (informal probate). He died without a will. He has 5 children under the age of 18. He was never married and my sister and I are his only siblings. Our parents are dead. His estate is estimated to be less than $20,000. It says that all... Read more »

Andre L. Pennington
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Andre L. Pennington
answered on Mar 25, 2022

Estates that are valued at less than $75,000 are not required to go through probate. You should contact an experienced probate attorney to guide you in the right direction, but here is a link to help:

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

1 Answer | Asked in Civil Litigation, Family Law and Probate for Arizona on
Q: My mother died on the 26th of feb. And her new husband is refusing to tell me any information at all

My mom was in proccess of doing a will but she only got a few things writen down and it wasnt signed or anything. And she was filling for a disoulution of marriage at time of deqth too

Stephen M Vincent
Stephen M Vincent
answered on Mar 15, 2022

Those are a lot of things that almost happened.

If the will isn't completed and signed, it's not valid.

If the divorce isn't finalized, she died a married woman.

Unless there was a prior will, it looks like her case will go through probate and the...
Read more »

2 Answers | Asked in Family Law, Child Custody, Juvenile Law and Probate for Arizona on
Q: Dad had temporary legal decision making but went to prison my rights fully intact, can I go get my kids from the Stepmom

My rights are fully intact and dad is now in prison and the stepmother is not letting me see or speak to my children can I get the cops and go get my kids

Stephen M Vincent
Stephen M Vincent
answered on Jan 17, 2022

I think just showing up and taking the kids would do more harm than good, and most likely, the police aren't going to assist you; they will instead tell you that you need to go file with the Court.

If I were you, I'd file a Petition to Modify Legal Decision-making, Parenting...
Read more »

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1 Answer | Asked in Probate for Arizona on
Q: oK friend, left home to me in August 24 2021 we notarized a join tenancy deed lawyer did't recorded it what do i do.

I filed malpractice against that lawyer am I in the right track i know my friend since 2009 but moved in with him In 2016 I helped him a little to buy the home in 2018 .We wonder about documents that we notarize with PLLC lawyer he said we get something in mail.On august 24 2021 from Maricopa... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 14, 2022

This is a question that you should be asking the attorney who is helping you with the malpractice lawsuit. If you did not obtain any advice before filing the lawsuit, then that was a very big mistake. You could be wasting a lot of money.

No attorney in this forum can give you any kind of...
Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Arizona on
Q: If my father has passed away interstate, but I am named power of attorney, does that make me "Next of Kin?"

So my father has passed away, and I was labeled power of attorney. I have the death certificates, all the paperwork from his funeral services, and an open probate case for the house. I basically just need to know if I have authority to demand rent from people who resided in the house before my... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Dec 5, 2021

The power of attorney automatically ended when your father passed away. If you have been appointed executor or personal representative or administrator of his estate then, yes, you have the authority to enforce any existing lease, including demanding rent pursuant to the lease. Or you can evict... Read more »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: How much does a probate lawyer cost? How are they paid beginning or after? Is there any pro bono probate lawyers can hel

I need information on my parents who passed away and sister who is controlling the will and it's not allowing me any information on it of their state of their will of their house of any funds or any anything for that matter. What's the best way how to handle this matter?

Ilene L McCauley
Ilene L McCauley
answered on Nov 29, 2021

The State Bar of Arizona has a service where lawyers volunteer to work pro bono. or with out cost. Contact the State Bar directly. Someone will be able to help you.

FYI. The State Bar of Arizona may still be on lockdown. If you don't hear from them within a reasonable amount of...
Read more »

1 Answer | Asked in Probate for Arizona on
Q: How do I go about getting my grandma/moms house in my name?

So I lived with my grandma since I was 5 days old. She wanted the house to go to me when she died but they will got lost somehow. It's a really crazy story but yeah. I've tried having a lawyer and it didnt work out, came down to getting one last signature for probate and he wouldnt sign... Read more »

Andre L. Pennington
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Andre L. Pennington
answered on Oct 22, 2021

There are not enough details here to give an answer, but please feel free to reach out if you’d like to discuss.

1 Answer | Asked in Probate for Arizona on
Q: A bond ordered, I am having problems getting it. Can I start process , pay debts, ext., before get bond? Not sure I can
Peter H. Westby
Peter H. Westby
answered on Oct 16, 2021

I recommend that you consult with a probate attorney before taking any action. Since you have been ordered to post a bond, your appointment to serve as personal representative will not be made until the bond is posted. Any action attempted prior to your court appointment is unwise and will be... Read more »

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