Arizona Estate Planning Legal Questions

Good Morning, Ms. Crawford: Can a parent disinherit a disabled adult child in Arizona? In short, yes. People are generally free to leave their material wealth to whomever they want when they pass, or, conversely, to disinherit whomever they want. Absent some other agreement, court order, or contract to provide continued support the father is free to disinherit his son. However, disinheriting a biological child generally means that the decedent needed to have an estate plan (will or trust-based) wherein the decedent specifically names the child to be disinherited and that said child is being disinherited. Otherwise, your son can petition the court for his share of his father's estate, if there is anything to distribute. Do you know if the father had an estate plan?... Read More

While attorneys compatent to answer real property questions can give legally-definitive answers, when it comes to chain of title questions for real property, most attorneys will defer to title companies. The reason for this is simple - title companies are the ones that get to decide whether they will issue private insurance to defend title disputes. Over time, they have bcome the defacto authority on what is the best method of keeping the chain of title clean. You would be best served to check with a title company and see if they would issue title insurance on your property given the facts of your situation.... Read More

What you are really asking is whether a lawyer will approve your using the Quicken program. Forms are forms created to apply to thousands of people. Lawyers provide legal advice not forms.  Forms do not provide legal advice nor do they protect you if a mistake is made. The risk of using such a program and not hiring a lawyer is your decision to make. If your estate is very small and there are no complications, a Quicken plan may work just fine. There is a reason, however, it costs more to hire a lawyer to advise you. They provide value that forms cannot.... Read More

This is an unfortunate problem with beneficiary deeds. They accomplish the easy transfer of title easily after death, but do not address any complications that may arise if the beneficiaries do not agree. In your situation, you brother has to understand that his position is not supportable. Unfortunately you need to make him understand that and your talking to him is unlikely to accomplish what you want. I suggest engaging counsel to write him a letter explaining the facts that if he cannot buy you out, the house will have to be sold. He will also be responsible for the costs of the house while he is living there. I f he does not respond, a lawsuit to force the sale of the property is probably needed.... Read More

It should be pretty easy.  Your Trust should tell you how to phrase the transfer and look something like this: ----------------------------------------------------- For the consideration of Ten Dollars, and other valuable consideration, I, Jane Q. Public, formerly known as Jane Q. Single, do hereby convey to JOHN Q. PUBLIC and JANE Q. PUBLIC, Trustees of the JOHN AND JANE PUBLIC LIVING TRUST, dated September 35, 2021, and any amendments thereto, the following real property situated in Maricopa County, Arizona: -----------------------------------------------------------   Best wishes.... Read More

Hi, If I am understanding the background to your question correctly, your father had a Trust made in 2004. Do you know if it was revocable or irrevocable? Then, he created a new (revocable?) Trust with his (new?) wife in 2008.  The new trust is completely new, but no assets were added. As described, your situation is hard to respond to.  Usually, when a person has a trust but then creates a new one, the new trust is often done as a Restatement of Trust.  This is a re-designing of the first trust, but keeps the same name.  The benefit is that it provides a whole-sale re-accomplishment of the trust but, because the name doesn't change, the property that was titled in the name of the first trust is automatically part of the restatement. Additionally, the new trust (restatement or no) usually includes language stating that any previous trust or will is revoked by the new trust.  So, the old trust documents should be destroyed.  Any personal property that your father documented as being in the old trust, should be carried forward into the new one. With respect to vehicles, it's pretty common that, unless they are special collector's edition vehicles (classic old cars or specialized vehicles), many estate planning attorneys advise their clients to not title the vehicle in the name of the trust because people don't usually keep cars for longer than 5-10 years and re-selling or trading in can be problematic because banks prefer them to be titled in a person's name.  That being said, if your father's new trust is a re-statement of the old trust and he had titled his vehicles in the name of the trust, then the vehicles will still be part of the trust.  If that is the case, there is nothing for you to do. Hopefully this answers your question.... Read More

Based on your description, a lawyer may require a statement of competency from a doctor before allowing your husband to sign a financial Power of Attorney.  But, as you know, people's mental status varies.  Try seeing a lawyer at the best tme of day and in the best circumstances for your husband. Most people remain able to sign a medical Power of Attorney until relatively late in the progression of the disease.... Read More

Please talk with a probate attorney who practices in the state in which your other and stepfather lived and died.  She may not be able to locate whoever drafted the Wlls back in 1993/1994.  That attorney may not have kept a copy of them. If so, he can advise you on how to handle an heirship (the route taken when there is no Will.)... Read More

It is the executor's duty to gather the assets, pay the debts, and distribute what remains according to the Will.  To do this, he must sell the house.  To sell the house, he must evict whoever is living there.  If there is no lease and no regular payment of rent, that person is a guest and can be asked to leave at any time.... Read More

Check with DMV.  In most states, a document which names a beneficiary passes title to the beneficiary outside the Will.  If that is the case in Arizona, the park model trailer is yours and you owe rent.   The executor of the estate must gather the assets, including the contents, but can do so without locking you out of your own property.  Send a notice, certified mail return receipt requested, stating that if the contents are not removed from your property within 30 days they will be considered abandonned and disposed of.  They can be moved to a storage facility:  they do not need to be in your trailer (assuming the DMV says that it is yours). ... Read More

More information is necessary such as the title, when this occurred, valuation, etc. You should seek a consultation with a probate litigation attorney as soon as possible. There may have been notice procedures that needed to be followed, there may have been something about the title for which you were unaware, etc.... Read More

I pasted below the most applicable statute to your question that shows the general relationships required. Of course there may be a need to establish oneself as a surviving heir. If someone is not a surviving heir, and there is no will, then they would need to ascertain if there were named as a beneficiary, i.e. on life insurance or a bank account. For specifics of your question you should consult with an probate litigation attorney. 14-2103. Heirs other than surviving spouse; share in estate Any part of the intestate estate not passing to the decedent's surviving spouse under section 14-2102 or the entire intestate estate if there is no surviving spouse passes in the following order to the following persons who survive the decedent: 1. To the decedent's descendants by representation. 2. If there is no surviving descendant, to the decedent's parents equally if both survive or to the surviving parent. 3. If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation. 4. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive or to the surviving paternal grandparent or the descendants of the decedent's paternal grandparents or either of them if both are deceased with the descendants taking by representation. The other half passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.... Read More