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Arizona Probate Questions & Answers
1 Answer | Asked in Probate for Arizona on
Q: Father died and left no legal will. One heir wants to use Legal Shield and the other wants a probate attorney. Thoughts?

Death occurred in Phoenix, estate is in Glendale, AZ. Deceased did not have an end of life plan established and no legal will or transfer at death deed was created. One sibling was POA when he was alive and no Executor has been identified and no inventory of assets has been done.

Anthony M. Avery
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answered on Dec 2, 2024

Any of the heirs can file for an intestate administration. But are there assets that need probate? Consult with an AZ attorney for direction. Many assets do not go through an estate. Any transaction with the attorney in fact should be scrutinized for violation of a fiduciary duty and/or... View More

2 Answers | Asked in Probate for Arizona on
Q: Should I wait until I'm officially her Personal Representative to notify her creditors of her death, or start now?

My sister died recently with a lot of debt, including a trailer that may be condemned. Since becoming a PR in Arizona takes time, I want to know if I must wait to notify her creditors until it's official. My concern is that interest and late fees will increase her estate's debt.

Peter H. Westby
Peter H. Westby
answered on Nov 12, 2024

You may notify creditors of your sister's death now and ask them to close accounts, etc. But you will still need to publish a notice to creditors when the probate is opened. I recommend that you consult with a probate attorney before you take any action. From the information you provided,... View More

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1 Answer | Asked in Probate for Arizona on
Q: Can I file in Pima County to become her Personal Representative if my sister died in Maricopa County?

My sister died in Glendale on recently. She did not have a will. She does not have many assets, but she does have a fair amount of debt, including owing on a mobile home and lot where the trailer may be condemned (she was a hoarder and the trailer is in very bad condition).

Our mother is... View More

Nina Whitehurst
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answered on Nov 12, 2024

You need to file in the county in which your sister resided immediately prior to her death. If she lived in Pima County and then just happened to die while visiting Maricopa County then you could file in Pima County. But if she lived in Maricopa County when she died then you do need to file in... View More

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Can a will be in the form of a text message from the deceased?

My cousin passed and intended.tonpass along everything to me he stated this in a text. He was not able to complete a formal will prior to his passing.

Peter H. Westby
Peter H. Westby
answered on Sep 16, 2024

A text message is not a will in Arizona. In most cases in Arizona, a valid will must be signed by the decedent and witnessed. Or it must be wholly in the decedent's handwriting and signed by the decedent. Your text message appears to be an indication of the decedent's intent at the end... View More

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: if you are guardian and conservator can you take the beneficiary's name off the trust and open one up in your name only
Peter H. Westby
Peter H. Westby
answered on Sep 12, 2024

If you are a guardian and conservator you are working under court supervision. It is strongly recommended that you be represented by counsel and clear all action with your attorney in advance of proceeding. You have provided insufficient information to properly evaluate the course of action you... View More

1 Answer | Asked in Probate for Arizona on
Q: What form do I fill out and submit to court for removal and replacement of trustee
Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Jun 10, 2024

Unless there is some reason to submit anything to court, such as an ongoing case, there is no reason to submit anything to court. Trust administration is private.

You will need a new certificate of trust naming you as the trustee and if on consent an affidavit from the prior trustee...
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1 Answer | Asked in Land Use & Zoning, Probate, Energy, Oil and Gas and Estate Planning for Arizona on
Q: My dads wife hid assets and alot of mineral and oil rights so I can't find them.im rep of estate,only heir, how to find?

My dad and grandpa had alot of mineral rights I am rep of estate, only heir on,y child, his wife lied to judge and said he had no child I proved I am only child, she has

Gifted and illegally sold some if his assets that should of went to me when she passed, can't find estate house,... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. It sounds like you have been thrust into a difficult role as rep (do you mean administrator or executor?). Maybe the best thing for you do would be to consult with an attorney who handles wills, trusts, estates.... View More

1 Answer | Asked in Probate for Arizona on
Q: Probate law Q: I am the sole beneficiary and personal representative of my fathers annuity trust fund.

Need free legal advice on what to do to do, Completed all legal steps. Its been 8 years and no lawyer can provide information on how I can what my deceased father left me. I need to move forward with this. I look forward to a response for advice and or answers on my next steps to take in this... View More

Anthony M. Avery
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answered on May 9, 2024

Annuities are notorious for not paying out to designated beneficiaries. You might be able to sue the Annuity/Insurance company, but what court has jurisdiction will be a problem. SOL may have run, AZ law may not apply. Hire an attorney to sue in a local AZ Court or in Federal Court.... View More

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: Does title in AZ go back to original title after one person quik claim deeded his 50% to someone and they signed deed ba

My boyfriend and I own property in AZ Deed said 50% each with right to survivorship Boyfriend quik claim deeded his50% to someone and then that person was paid $8500 to sign back to my boyfriend! Now boyfriend dies and I want to sell! Is our title as it was when we purchased

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on May 7, 2024

I strongly suggest you order a title search and consult with an attorney because these transfers may have left you with only half of the property interest which means the other half belongs to your boyfriend's estate.

"Right of Survivorship" in Arizona only applies to married...
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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: What's my next move if after being named in the will (and by court) PR, someone has apparently petitioned as PR as well?

They have been given a case number as well. I would really like to keep this an informal probate. The other party is an estranged step father..HELP

David Gerszewski
David Gerszewski
answered on May 7, 2024

I would advise you to contact a probate attorney that can deal with contested matters. You will have to petition to the court if the stepfather doesn't withdraw. If the stepfather was married to the person that passed away at the time of their passing they may have priority as well. One way or... View More

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: What's my next move if after being named in the will (and by court) PR, someone has apparently petitioned as PR as well?

They have been given a case number as well. I would really like to keep this an informal probate. The other party is an estranged step father..HELP

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on May 7, 2024

Unfortunately, unless the estranged stepfather is going to withdraw voluntarily you are going to have to petition the court formally. I suggest that you may need legal counsel to advise you. A demand letter may be the first step to avoid any litigation, but if there is no positive response a formal... View More

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1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: My girlfriend is getting an inheritance from her dads will.Family lawyer says we have to pay a oath & stamp duty fee

and a nortization fee equaling to a totall of 130k. Im more curious to make sure its not a scam. The inheritance money wise is over 7 million and 65 acres of land.

Anthony M. Avery
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answered on Apr 17, 2024

GF needs to hire an AZ attorney to check out the Probate Action. Then he needs to look into the distribution itself. Notary fees do not justify $130K ever. However it sounds like there are other fees involved, not just for a notary. Also the Deed will need to be drafted correctly to convey... View More

1 Answer | Asked in Landlord - Tenant, Probate and Small Claims for Arizona on
Q: Tenant now deceased. No contact with son in 60+days. 5th wheel still on my property. What legal rights do I have

Tenant lived in his fifth wheel but on my land Tucson, AZ. His son was here in Nov just after his dad passed, not heard from him since. At that time no will was presented. Can I put a lien on 5th wheel? There is a title on fifth wheel but I do not know whose name it is under. Father and son had no... View More

James L. Arrasmith
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answered on Mar 31, 2024

As the landlord, you have certain legal rights in this situation, but it's important to proceed carefully and in accordance with Arizona law. Here are some steps you can consider:

1. Attempt to contact the son: Make reasonable efforts to reach out to the son and inform him of the...
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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Father passed away, his name forged on quitclaim, notary found to not be diligent and got commission revoked.

My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More

Nina Whitehurst
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answered on Mar 21, 2024

You need a real estate litigation attorney to file a lawsuit against your sister to have the deed declared void due to forgery. Do not delay. But in the meantime, if you get a whiff of the house going under contract then contact the escrow company and pointedly inform them that there is reason to... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Father passed away, his name forged on quitclaim, notary found to not be diligent and got commission revoked.

My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Mar 21, 2024

I agree with attorney Whitehurst that you must act immediately to hire an attorney. While you may certainly consult with a real estate litigation attorney I would suggest that you consider a consultation with a probate attorney that handles probate litigation. While very similar since it affects... View More

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2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Can i sue my brother for a percentage of the sale of our dad's house?

My dad died and left his house to my brother. My brother sold the house and didnt give me the money he promised. Am i entitled to percentage of the sale?

Marcus N. Seiter
Marcus N. Seiter
answered on Mar 5, 2024

I am sorry that you lost your father. I am also sorry that your brother did not keep his promise to you. However, if your father gave his house solely to your brother outright and free of any trust as your brother’s inheritance, then you are not entitled to any proceeds of the sale when your... View More

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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: How can I correct an error on a Voluntary Administration Statement after it has been certified?

I listed the wrong year, but the correct VIN number on the form for a car. The RMV in Arizona will not accept the form because I listed the wrong year. It should be 2013 Honda Civic, I listed it as 2014.

Thanks!

James L. Arrasmith
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answered on Jan 1, 2024

To correct an error on a Voluntary Administration Statement in Arizona, particularly one involving a vehicle's year of manufacture, you'll need to file an amended statement with the correct information.

Start by contacting the probate court where you filed the original Voluntary...
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1 Answer | Asked in Family Law and Probate for Arizona on
Q: If you feel the judge isn't making right decisions ..and isn't reading or listening to the facts or enforcing court ordr

Can the judge or court be sued for there actions ..has judged the trustee by the lies from the PR can prove the lies the pr told judge

Anthony M. Avery
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answered on Nov 19, 2024

Judge has immunity from suit. But you may need to file an appeal from whatever orders were entered. It will be expensive and difficult. Hopefully you have standing as a beneficiary, etc.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: I feel the guardian of my dads estate is abusing her power over me the beneficiary what lawyer is needed?

The guardian has taken her hate for me to another level. She won guardianship due to my lack of representation and now she is deleting me from all paperwork and refuses to hear me out. what kind of a lawyer do I need to bring her back to reality without her spending all of my dads money on her... View More

Peter H. Westby
Peter H. Westby
answered on Oct 25, 2024

I recommend that you hire an experienced attorney who practices in the area of probate, guardianships and conservatorships. Some of these firms also offer litigation services. Others do not. You need a firm with lawyers capable of litigating these issues in the event a strong letter does not... View More

1 Answer | Asked in Probate for Arizona on
Q: Can a property be taken through probate more than ones
Anthony M. Avery
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answered on Sep 25, 2024

The same tract of real property may go through Probate several times.

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