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Arizona Probate Questions & Answers
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...
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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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1 Answer | Asked in Estate Planning, Elder Law and Probate for Arizona on
Q: Is ARS code 14-2503 valid to cover a person putting their hand on tetatrix to sign a will while having dimentia

Will was made 10 days before mom died, my sister adds her name on to inherit the house. Can this qualify as undue influence

Peter H. Westby
Peter H. Westby answered on Aug 27, 2019

The procedure you described appears highly questionable. You may have grounds to object to this will. The will may not qualify as a valid holographic will and/or your Mom may not have had testamentary capacity. I recommend reviewing this matter with a probate attorney as soon as possible. Once... Read more »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: My father passed away now mother's power of attorney is taking things from my dad's company how do I stop it?

Mother's not very compressive to what's going on. And these things belong to me

Mike Branum
Mike Branum answered on Aug 27, 2019

It is impossible to provide you with a quality response because there are so many missing details and the information you have provided could be interpreted in different ways. That said, IF all of your father's possessions passed to your mother and IF the POA has the authority to handle her... Read more »

1 Answer | Asked in Probate for Arizona on
Q: My son passed away, with no will. I am 82 years old, and do not want to be the executor and I want nothing .

I want my daughter to probate the estate. she lives in Louisiana I live in Arizona, and My son was working in California., he owns property in Louisiana how do I sign off to give her the right to probate the estate. She has two sons, and all agree that each will receive 1/3 of estate.

Nina Whitehurst
Nina Whitehurst answered on Aug 10, 2019

Your daughter can hire a probate attorney in California to help her petition the court to appoint her as your son's executor. If your son was unmarried with no children at the time, with no will, then you are his heir at law along with his mother if still living. But you can file a disclaimer and... Read more »

2 Answers | Asked in Probate for Arizona on
Q: My mom in stepdad owned a house as joints tenants. My mom died 6 months before my stepdad.

I am an only child and my stepdad has only one son. There was no will or other documents that can be located. Am I entitled 50 percent? Thank you

Ryan K Hodges
Ryan K Hodges answered on Aug 8, 2019

If a house in owned as joint tenants with rights of survivorship, then the surviving joint owner becomes the sole owner upon the death of the other joint owner. Thus, your step-dad would be the sole owner when he died, and the house would pass according to his estate plan, and if none, then to his... Read more »

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2 Answers | Asked in Estate Planning, Elder Law and Probate for Arizona on
Q: How can I verify that my mother's will and testament is legal and names me executor and distributor of all property?

Several months ago, my mother (who passed away last week) put together a last will and testament (based on a form from WillForms.org for the state of Arizona). It is signed, notarized, and doubly witnessed by two individuals not receiving any property under the will.

The will names me as... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 7, 2019

Show it to a local probate attorney. You are going to need to hire a probate attorney anyway to help you probate your mother's estate anyway. Your mother's things do not automatically vest in you; there are steps that need to be taken, and the sooner you take those steps the better.

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1 Answer | Asked in Probate, Elder Law and Estate Planning for Arizona on
Q: How can I stop my sister from spending my mom's money?

Mom has dementia and is in a assisted living home, a very expensive home. My sister is the Executor of the will and I think she may have guardianship or POA. Long story short but when we moved mom we decided as a family to spruce up the family home and rent it out to offset her costs. My sister has... Read more »

Peter H. Westby
Peter H. Westby answered on Jul 23, 2019

I recommend that you consult an attorney about a conservatorship. Appointing a conservator will provide competent help for your mom with her financial affairs and safeguard her assets. A conservator is supervised by the court and must account annually.

If there already is a conservator...
Read more »

1 Answer | Asked in Probate for Arizona on
Q: My friend died but before he did he sent a letter to his financial advisor stating he wanted to leave me 50%.

The estate is now in Probate will this letter hold up in court and Grant me the 50% of his assets that he left for me. State of Arizona he was my boyfriend for a year and a half.

Ryan K Hodges
Ryan K Hodges answered on Jul 17, 2019

The letter could be construed as a will if it meets the requirements for such. You should consult with an attorney and have him or her review the letter to see if it is a valid will. If the estate is already in probate, you may need to act quickly as there are deadlines that may affect your rights.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: My father passed away in June of this year as a resident of Arizona.

My sister and I live in MA, My father was married to a woman who he shared no children and my sister and I were a previous marriage. He left no will. How do My sister and I protect our inheritance rights? The wife was hesitant to give us a photo album from our childhood never mind our inheritance.... Read more »

Mike Branum
Mike Branum answered on Jul 15, 2019

Under Arizona law, when a married person dies without a will and has children from a previous marriage, the children from the previous marriage are entitled to one-half of all property that belonged solely to the person who died and half of the deceased's half of the community property. What... Read more »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: My aunt died with no will. I am her niece. She has a mobile home and car not worth more than 10 k. Can I sell them?

I am a niece only. There are no spouses, no children, no sisters, no brothers, I am the only niece and only family. She lived 40 miles from me however, she was sort of a recluse. Her mobile home isn't worth more than 5K and an old car. How do I take possession of items left in the mobile home, as... Read more »

Mike Branum
Mike Branum answered on Jun 24, 2019

If you are truly the sole and closest living relative, you may file a small estate affidavit with the probate court (under $75,000 if she did not own the property on which the trailer sits, under $100,000 if there is "real property" (real estate) involved. There are a number of websites (use the... Read more »

1 Answer | Asked in Banking, Contracts, Family Law and Probate for Arizona on
Q: I was told by bank on phone inquiry I made about a checking account balance then they tell me I had a savings also mine.

I didn't have time for asking for the finding out more about some sort of account that I was beneficiary or some kind of account from a will. I didn't get the information about account number or any info about this account, just told on phone call to the banks 1800number, then I went to the bank... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

The bizarre story has all the markings of a scam in the making. Why? Because reputable banks do not just call people on the phone to discuss their bank accounts--especially if the person called has no idea they had the "accounts."

1 Answer | Asked in Probate for Arizona on
Q: Can a will be successfully contested in AZ if the person had Alzheimer's during the time of the writing of a new will?
Ryan K Hodges
Ryan K Hodges answered on Jun 11, 2019

It is possible to successfully contest a will if the person had Alzheimer's. However, a diagnosis of Alzheimer's is not definitive. A persona can still have testamentary capacity and a dementia diagnosis.

1 Answer | Asked in Probate for Arizona on
Q: My Grandma passed, acouple months ago before she died she signed the title/deed over to my mom & aunt is probate needed

My Grandmother passed away recently. Acouple of months ago my mom and aunt got the deed/title notitorize and put into there name. The title company is saying it has to go to probate...but no one is contesting and grandmother was of sound mind, my mom, and 2 aunts are the named in the will, their... Read more »

Ryan K Hodges
Ryan K Hodges answered on May 22, 2019

It is difficult to say how this might be resolved without more information. You should contact an attorney, and the attorney can review the deed history and title commitment from the title company. It sounds like the house was not wholly or properly transferred from your grandma to her kids. In... Read more »

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: How do I find out if my stepfather had a will?

My stepfather has been dead since 1977. My Mother died in 2016. She willed her home to me. I am trying to sell the home and now the court wants proof that my stepfather no longer owns half of the property? What do I do? I need a will to prove he left it to my Mother but do not know how to find it.

Peter H. Westby
Peter H. Westby answered on May 2, 2019

From the facts you provided, I am assuming that your mom and stepfather held title to their home as tenants in common. To find a will, I have seen ads run in legal periodicals inquiring about a will for deceased individuals. You can also check with the Superior Court in the county where your... Read more »

1 Answer | Asked in Probate for Arizona on
Q: MY SISTER IS PR, OF OUR MOMS ESTATE, SHE IS USING FUNDS FROM OUR MOTHERS RV PARK TO LET HER DAUGHTER AND SON IN LAW

LIVE THERE RENT FREE, SHE HAS SABATAGE THE SALE OF THE PROPERTY FOR 1.75K AND WE FEEL SHE IS NOT DOING HER JOB AS PR.

WHAT CAN MY BROTHER AND I DO?

Peter H. Westby
Peter H. Westby answered on May 2, 2019

Where a Personal Representative is doing a poor job, the court can remove her and appoint a new Personal Representative. I recommend discussing the facts of this matter with a probate attorney. Your attorney will let you know if the circumstances are sufficiently egregious to make it likely that... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: can the sole heir and named trustee of a trust still claim his inheritance years after the death of the grantor?

in az, two cousins each inherited from their parents seperate trusts for half interest in a family owned apartment building, owned free and clear, and fully occupied at all times. One was the manager and lived in the house of the other, adjacent, built by his parents, but not included with the... Read more »

Peter H. Westby
Peter H. Westby answered on Apr 22, 2019

This is theoretically possible but the matter would need to be carefully researched. Much can happen in 15 years and you need to know as much as possible about this trust, its assets and their administration. I recommend hiring a probate attorney to assist you in determining the facts and to... Read more »

1 Answer | Asked in Probate for Arizona on
Q: My wifes grandma recently passed, am I entitled to any of my wifes inheritance??

Been married 20 years....We are still married. I was on her grandmothers will until just before she died. Also would like any probate court information for Arizona probate.

Ryan K Hodges
Ryan K Hodges answered on Apr 22, 2019

Unless your wife's grandma's estate documents (will or trust) state that you are entitled to inherit, then you would would not normally inherit anything by virtue of being married to an heir.

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