Legal Question in Wills and Trusts in Arizona

Father in laws stock

Father in law died owning stock

without a beneficiary, his wife

is having trouble selling the stock without power of attorney

which she doesn't have. They were married 67 years and was willed everything else.


Asked on 1/22/07, 5:29 pm

1 Answer from Attorneys

James Jenkins Jenkins Law Center PLC

Re: Father in laws stock

Sorry for your loss.

A power of attorney will not work in this situation. The power of attorney would have to be signed by the testator personally, and the transaction would have to be done before he died. All powers of attorney lapse upon death of the principal.

If he died as a resident of Arizona, and the value of all probate assets (excluding real estate) is less than $50,000, the property can be transferred with simplified documents provided for in Arizona law for a small estate. If the amount of all assets exceeds that threshold, a probate would have to be opened.

We do estate work in all Arizona counties, and offer a free, no obligation consultation by phone or in person to get all the facts, fully advise the client and determine what needs to be done to handle things in the most cost-effective manner. You can arrange this by calling 480.835.1500.

Best regards.

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Answered on 1/22/07, 7:44 pm


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