Legal Question in Wills and Trusts in Arizona

Re: need a strong attorney probate tucson

I practice in Chandler/Phoenix (not Tucson), but the law is the same throughout the state. Important Questions: Where did your mother reside? Where is the house located? Did your mother leave a will? Had your mother already collected the $100,000 from your grandmother�s estate? Has your stepfather opened a probate of your mother�s estate? Was stepfather�s name on the deed to your mother�s house?

If your mother had a will, that controls. If not, her assets pass according to the laws of intestacy. According to ARS 14-2102, step-dad is entitled to half of her separate property and none of her half of the community property (the other half of the community property is already his).

Usually, anything acquired prior to the marriage is separate property and anything acquired during the marriage is community property. There are two big exceptions, both of which are relevant in this case. The house, owned prior to the marriage, was separate property. BUT, if your mother added your stepfather to the deed on her house, it is considered to be a gift to the community, so it becomes community property. If separate, he is entitled to receive half, and you/your siblings are entitled to the other half. If community, he keeps his half and you/siblings get her half (same basic result either way). Whoever keeps the house must �buy-out� the owner of the other half. If this is impossible, the house would be sold and the proceeds divided.

Property acquired during marriage is considered community, unless it was acquired by gift or inheritance. The $100,000 is presumed to be separate (inheritance) unless she put it into a joint account containing other joint funds. Commingling funds like this might make it a gift to the community. If separate, stepdad gets half and you guys get half. If community, you get her half and he keeps his half.

When a probate is opened, creditors must be given 4 months notice before the assets can be distributed and the probate closed.

You/siblings have a right to open probate because you are surviving children and legal heirs. Stepdad has priority as personal representative of the estate as the surviving spouse, but you can apply to be personal representative a couple of ways: (1) if he (and your siblings consent); or (2) if you open a FORMAL probate (instead of informal) and ask the court for a hearing to explain why you instead of stepdad should be the personal representative.

If you need legal representation beyond this advice, it will be more cost-effective to hire an attorney in Tucson, but I hope this information has been helpful. Please feel free to email me if you have additional questions.

Monica Donaldson

[email protected]