Legal Question in Wills and Trusts in Arizona
probate
I have two probate doctuments one is( Affidavit for transfer of title to real property) and the other is (Proof of authority).Neither has a notary seal stamp on them.Is that a legal doctument or not legal doctument.Can i file a civil litigation to contest these two doctuments,Thanks Mark
3 Answers from Attorneys
Re: probate
you file a petition to set them aside.
Re: probate
Yes you can contest these. File for probate or appear as an interested party in an existing probate.
Re: probate
It appears that this is a question of Arizona law, where the property is.
The Affidavit of Transfer should have been notarized as it is an affirmation under oath. Whether something can be contested depends upon all the facts and the contents of the court filings you object to. See an estate attorney and present all the facts and documents. We handle cases in all Arizona counties, and offer free, no obligation consultations. Call 480.835.1500 if you want to see us, or see another attorney. I would need to have more facts to give you a proper opinion, and that is probably beyond the scope of this web site. Certainly I would want to see the documents which were filed.
Best regards,
James D. Jenkins