Legal Question in Wills and Trusts in Arizona

Power of Attorney/Probate

My son has died in Phoenix, Ariz. I need the ability to conduct some of his banking as well as the acquisition of his house. Will Probate/Power of Attorney be necessary?


Asked on 6/23/07, 10:20 pm

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Power of Attorney/Probate

Thank you for your inquiry.

Whether or not a probate is necessary depends on the nature of his assets and whether he completed any estate planning. A Power of Attorney is not possible because those documents are valid during a person's lifetime.

We offer a free initial consultation, so please contact our office (480.792.9770)to schedule a time to meet with one of our attorneys regarding the details of your situation.

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Answered on 6/24/07, 5:32 pm
James Jenkins Jenkins Law Center PLC

Re: Power of Attorney/Probate

I sympathize for your loss.

If the real estate equity is less than $75,000 the title can be transferred without a probate, but you must wait six months to do so. A probate may be the alternative. Title can be transferred quickly.

You need to consult with an estate attorney to present all facts. Did your son have a will? If not, his heirs at law would have to be determined. Power of attorney will not be available for you, it is only used during lifetime, not after death.

We also offer free initial consultations, and they can be by telephone. There is no obligation.

480.835.1500.

Best regards,

James D. Jenkins

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Answered on 6/27/07, 10:55 am


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