Arizona Probate Legal Questions

If your mother left the house to you (and only you) in her will, you should be able to re-title the house in your name. Once you do that, you should have no problems working with a realtor to sell the property because it will officially and legally belong to you. However, I recommend communicating with the reverse mortgage lender (secured creditor on the house) to discuss your plan to sell the home and pay them off. They may allow you to just assume the terms, but you will definitely still have to pay that debt off.... Read More

If there was no Will then who receives the estate is determined by either title, named beneficiaries or intestate succession rules.  His personal property collection is part of his estate and if there is no Will, as the surviving spouse you have an interest in his estate. While it may be a shared interest with his prior family, you still have an interest. You are in a matter where the other party is an attorney, it would be reasonable for you to have your own attorney to protect your rights.... Read More

Using beneficiary deeds as a substitute for a will or a trust is not efficient although it may seem so when you do it. With one or two beneficiaries, such a deed might be a good way to pass property. Maybe. With multiple beneficiaries, there is a strong possibility of conflicts between ownerships and what to do with the property. The fact that there is an infant involved creates a bigger potential problem. Whatever money you believe you are saving by using a beneficiary deeds may be lost upon your death. My recommendation is that you contact an estate planning attorney an have a proper estate plan created, whether it is will based or trust based. An attorney can explain the benefits of each.... Read More

If there is a joint tenancy deed in place when one of the joint tenants dies, the property automatically transfers to the surviving joint tenants. A survivng joint tenant should have access to the property and if that is denied by the other joint tenant without a basis there may have to be a lawsuit to gain access.  You may want to start with a search of the title with the Recorders office to determine exactly what the title is. ... Read More

Unfortunately the check if payable to the estate cannot be just cashed. Try and contact the insurance company to see if they will reissue itl. Another alternative may be an Small Estate Affidavit signed by whomever is entitled to the property. This affidavit can be used when the estate is under a certain dollar value. In Arizona right now that would be $75,000. You can find the form on line or any estate attorney should be able to assist you for a modest fee.... Read More

This sounds bogus...though your friend, as well, may be being scammed.  If you decide to loan the money, note that you cannot put a lien on or make a claim against the estate.  At best you can get a prommissory note from your friend and sue her for that, knowing that the money is probably long gone.  As Shakespeare wrote, "Neither a borrower nor a lender be for money often loses both itself and friend."... Read More

When a Will is submitted for probate, it becomes a public document.  If there is no Will, the Judgment of Heirship will state the proportions of property passing to the various heirs.  Check the county probate records.  As to actual amounts, generally over a year must pass before a beneficiary or heir is entitled to seek an accounting.  This gives the person settling the estate some time to gather assets, pay bill and submit the final tax return.... Read More

You need to contact the plan administrator.  This person should have been in contact with Fidelity.  If Fidelity cannot provide contact information, send a letter to Plan Administrator, [Name of 401k plan], [Name and Address of Employer] certified mail, return receipt requested.  If there is no response within three weeks, you may need a local attorney's assistance.  A subpoena can only be issued in connection with a court case.... Read More

Courts customarily discharged attorneys appointed to represent someone in a guardianship at the hearing.  After the hearing, the lawyer had no client-attorney relationship with your mother.  He never had an attorney-relationship with you. If it is necessary to sell the home to pay the estate's debts, the personal representative's duty is to evict whoever is living there and sell the home.  Neither occupancy nor inheritance after the debts are paid conveys ownership superior to the rights of people owed money to be paid.... Read More

Without a Will, you and your brother will inherit equally after all the debts have been paid.  The house may need to be sold to pay those debts.  If you cannot buy your brother out, he may force a partition and sale.  You will each receive half the net proceeds (assuming that there is just the two of you).  However strong our attachment to place, occupancy does not confer ownership.... Read More

First, file a grievance with the state bar. Second, report the criminal fraud to the DA. Third, hire a lawyer to bring suit for civil fraud and file a correction deed.  Note that a quit claim deed does not transfer title.  It instead records that someone quits their claim to, for example, an easement over their neighbor's driveway.... Read More

To protect your inheritance, please contact a probate lawyer who practices in the county in which your mother lived and died.  In some states withholding a Will is a crime.  If your sister does not produce the Will, the lawyer can help you file an application to determine heirship and become appointed the administrator of your mother's estate.  If your sister does produce the Will, she is probably not eligible to probate (prove) it.  Since you did not have access to it, you are.  Then you will have authority to sell the house and distribute the proceeds according to the Will or, if there is no Will, the state's laws of heirship.... Read More

Bank accounts held Pay on Death (POD) pass outside the Will, usually on presentation of a death certificate.  There is nothing unusual or wrong with your brother claiming the funds.  The only affect this has on you as executor is if you need to "claw back" funds to pay for debts (such as the costs of your grandma's last illness and funeral).... Read More

Take your evidence to a probate lawyer who practices in the county in which your father died to see whether you can replace your uncle.  But also note that he may not be changing title to himself personally but to himself as personal representative of the estate.  He might do this, for example, if he needs to sell the property in order to pay the estate's debts.... Read More

If your mother put all her assets in a trust, there is no need to probate a Will:  the terms of the trust govern.  The trust may have been a revocable trust which became irrevocable on your mother's death.  It may or may not have named you as a beneficiary.  In some states beneficiaries 25 and older are entitled to an annual accounting.  A year has not yet passed.... Read More

Generally speaking, a person's debt it his own.  If your mother were to inherit the car, she would first have to pay your father's debts.  Contact the lender to determine whether they will accept the car and cancel the debt.  It may depend on whether the resale value equals or exceeds the debt -- and, if not, whether there is enough in his bank accounts to make up the difference.... Read More