Question: My father recently passed away. He was a widower with a small house and a meager nest egg. I have heard that probate can be a complicated process, and I want to avoid it if possible. Is it necessary for me to go through the probate process?
Archive for the ‘Probate’ Category
Samsung Galaxy tablet owner, Javier Castro wrote his will on the device after learning that he needed a blood transfusion to survive his illness. Being a Jehovah’s Witness, Javier refused to have the procedure, thus he passed away shortly after. Following his death, members of the family printed the will and gave it to the probate court. Albie and Miguel Castro testified that Javier told them how he wanted to divide his estate and that Miguel wrote down his wishes on the tablet and Javier then signed it. Lorain County, Ohio Probate Judge James Walther ruled that the will was
There seems to be a lot of talk about the ways in which people can minimize probate, if not avoid it altogether. Perhaps most commonly, people use a revocable living trust to accomplish this goal. Without diminishing the usefulness of revocable living trusts, people considering such an option should know that trust administration requires attention to detail and a basic comprehension of the legalities surrounding the process. Just like with AZ probate, many trustees ultimately require an AZ probate lawyer to help them administer even a simple trust. First of all, trustees must decipher the trust document and become familiar
Under the Arizona Probate Code, personal representatives have a fiduciary duty to act in the best interest of the estate to which they are appointed to oversee. This fiduciary duty prohibits personal representatives from advancing their own interests. Many times, however, personal representatives are also situated to inherit a portion of the decedent’s estate. Because these situations are inherently susceptible to conflicts of interest, the Arizona Probate Code provides specific instructions on how to approach them. Under the Arizona Probate Code, the following situations may give rise to a conflict of interest: Conflicts of interest include any sale or encumbrance
This is the final post in our discussion about personal representatives’ duties under the Arizona Probate Code. So far, we have looked at the duty to give notice, the duty to keep an inventory, and the duty to take possession of personal property where necessary. Now we turn to a duty that should be obvious, but one that many personal representatives nevertheless have difficulty with, the duty to properly manage finances for the estate. While it sounds simple enough, managing estate finances can actually be very difficult in certain instances, and an Arizona probate lawyer can be quite helpful here.
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