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Arizona Probate Questions & Answers
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...
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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 »

Andre L. Pennington
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Andre L. Pennington
answered on May 12, 2022

This depends on many factors, including size of the estate. I recommend contacting a probate attorney, many offer free consultations, including my own firm.

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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...
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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...
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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
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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...
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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
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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...
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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 »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Is my share worth the market value of the property in 2021 or the market value at the time of his death in 2011?

I inherited my father’s share of a home that is titled “Tenancy in Common”. The other owner is his 2nd wife of 35 yrs. In his will, she has a life estate of my father’s share. My father passed 10 yrs ago. His will has not been probated; 50% of title is still in his name. The wife is... Read more »

Ilene L McCauley
Ilene L McCauley
answered on Sep 17, 2021

I am sorry for the loss of your father and all of these challenges.

Unfortunately I cannot answer your question about value of your interest, without reviewing your father's will, and without additional information. I strongly urge you to find an attorney in the county in which the...
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1 Answer | Asked in Probate for Arizona on
Q: Can you stay inside a house that is going through probate in Mohave county AZ?

My wife grandmother pasted away few days ago and we are looking to move inside her house but don’t want to make a mistake. My wife has a Will from her grandmother which state she is leaving the house to us. We are planning to start the probate process within the next 30 days.

Ilene L McCauley
Ilene L McCauley
answered on Sep 14, 2021

I am so sorry for your loss.

A Last Will only has authority after the Last Will is admitted into probate and a Personal Representative is appointed. Find an attorney in Mohave County to help you . After the Last Will is admitted and the Personal Representative is appointed, the attorney...
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2 Answers | Asked in Probate for Arizona on
Q: My mother passed away this year in Maricopa county. Her house has about $144k in equity and I want to buy out 2 brothers

I am the personal rep of her estate. Will I need to do Deed of Distribution and quitclaim deeds for the two brothers? Also, one is in jail so what happens to his part of the buyout and how do I get those forms signed?

Ryan K Hodges
Ryan K Hodges
answered on Sep 13, 2021

The buyout can take various forms. The most straightforward version is to buy it from the estate for fair market value. The estate would then later split the money when the time comes.

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2 Answers | Asked in Probate for Arizona on
Q: My father suddenly passed away from COVID and left no will. he lived with his mom I'm only child. He wasn't married.

My question is about his property. He had a truck, motorcycle, personal items and a bank account. My grandma said what's in the account he owes her so she gets that and she said the truck and other items aren't going anywhere until she says so. Is that legal? Is there something I have to... Read more »

Ilene L McCauley
Ilene L McCauley
answered on Sep 6, 2021

I am so sorry for your loss.

Unfortunately there may not be a simple answer to your questions. Assuming your father was not married, he had no other children, and he did not have any joint bank accounts with others, then you may be the sole heir.

I strongly urge you to set up a...
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1 Answer | Asked in Probate for Arizona on
Q: I have filed to have my sister removed as PR. The judge said I didn't file right.. Please help on which papers to file

I need proof of serving her. And a petition to request to be PR.

Andre L. Pennington
PREMIUM
Andre L. Pennington
answered on Aug 11, 2021

You’ll want to consult with an experienced probate attorney. This can be a complicated process.

1 Answer | Asked in Probate for Arizona on
Q: Az Probate statute of limitations? Personal Rep failure of duties. Thank you
Ryan K Hodges
Ryan K Hodges
answered on Aug 2, 2021

It sounds like you are asking what the statute of limitations is for a personal representative who does not fulfill his or her duties. The timeframe is two years for such.

1 Answer | Asked in Probate for Arizona on
Q: When filling out the valuations of property for probate, do you use the tax valuation or the market value for a house?
Ryan K Hodges
Ryan K Hodges
answered on Jul 12, 2021

You can use either one. Just make sure you specify which it is.

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