Dan R Morris’s Answers

Dan R Morris

Phoenix Estate Planning Attorney.

Contributor Level 9
  1. Is property subject to probate? How can I assume the morgage?

    Answered over 4 years ago.

    1. Dan R Morris
    2. Robert Michael Way
    2 lawyer answers

    If your father transfered the title of the property to you by deed during his life time, the house belongs to you and you need not go through probate. The mortgage is still against the house and must be paid or the mortgage company can foreclose. The transfer of the house by your father by a deed could and in all probability is a violation of the terms of the mortgage and the mortgage company could declare the entire balance owed due and demand payment immediately. If you ask them to let you...

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  2. Executor wants definition of "contesting a will"

    Answered over 4 years ago.

    1. Dan R Morris
    1 lawyer answer

    When an account in held jointly with another person it is not subject to the terms of a will unless you can establish that the name on the account was for convience of the decedent. That is not easy to establish because the testator is dead and can not testify so you have to find evidence of the intent of the decedent. The refusal ot give you the bank statement is not a contest of the will. Contest of the will is when the person brings a court action and disagress with the distribution as...

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  3. A family member had power of attorney. What are my options?

    Answered over 4 years ago.

    1. Dan R Morris
    1 lawyer answer

    When a person dies a power of attorney is no long valid or usable. If a person dies without a will there needs to be a probate of the estate. This requires someone to file a petition with the court to be appointed. The laws of the state of AZ determine who inherits the estate. When someone is appointed by the court they have the authority to act in the capacity of a personal represenative and can search for the assets of the decedent. The only way you can have any authority is to be...

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  4. How long should it take to settle an estate?

    Answered about 4 years ago.

    1. Dan R Morris
    2. Lonnie K McDowell
    2 lawyer answers

    7 months is not in and of itself a long time for a probate. If there are no outstanding issues or matters to resolve the time of the probate will be shorter. There are statutory time periods that must pass before the estate is closed. As the prior qnswer stated more information is requied before a complete answer can be given.

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  5. Do I have the right to see or remove my child at any time If I appoint temporary guardianship? And do so without going to court?

    Answered about 4 years ago.

    1. Dan R Morris
    1 lawyer answer

    Your question does not clearly state if your child is under a legal guardianship, meaning court appointed. If there is a court appointment of a guardian then the court is involved in what is done and the court papers must be followed. It sounds like you need to consult with an attorney to see what your rights are according to the court orders. if there is no court orders you have the rights to the child but you should still talk to an attorney for guidence and directions.

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  6. How Likely am I to recieve gaurdianship of two minor children that are not blood related?

    Answered about 4 years ago.

    1. Dan R Morris
    2. Lonnie K McDowell
    2 lawyer answers

    Blood relatves are going to be preferred by the court. However fitness is still a requirement to become a guardian. The older sister will have a prefence but that does not mean the court will not find you more fit. You also have to think of conservorship which meaning if they have any money you will need to be appointed in that capacity also.

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  7. What are the options availabe when some is on title and not on the note in regards to banks when one is deceased?

    Answered over 4 years ago.

    1. Dan R Morris
    1 lawyer answer

    If you are on the title to the property you have the right to make the mortgage payments. To bring the mortgage current will require you to pay the back payments and any other expense the mortgage company incurred in the foreclosure action. If you are not on the mortgage you may encounter a problem with the mortgage company wanting you to assume the loan or maybe just not letting you take over the loan and demand you get a new mortgage.

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  8. How do i keep legal guardianship of Niece while going through a divorce?

    Answered over 4 years ago.

    1. Dan R Morris
    1 lawyer answer

    Yes you can be sole guardian of your niece but this can only be done by going back to court. You soon to x husband would resign or decline to act in this capacity any more and you can ask the court to appoint you as the guardian. If the natural father want her back you may have a fight on your hands and he has some rights of preference. You would need to show him as unfit to provide the proper care of her. This is a matter that you should use legal counsel to protect yourself and see that...

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  9. I know that my mother is a meth addict? How do I go about assuming her half of the estate sale?

    Answered over 4 years ago.

    1. Dan R Morris
    1 lawyer answer

    The only way to have legal authority over your mother is to become her guardian and conservator. This requires a petition to be filed in court and have a hearing before a judge to be appointed. The is complex and difficult when a person does not want to be appointed or if others want to be in control. It can also be very expensive and involves serveral attorneys including one appointed for you mother. Your uncle could also object to your appointment. The court will have to investigate if...

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  10. How to put deed in my name without probate

    Answered over 4 years ago.

    1. Dan R Morris
    2. Thomas J Bouman
    3. Janet Lee Brewer
    3 lawyer answers

    You need the assistance of the probate court to transfer the title to real property when the owner dies. If there is no will then you used the intestate probate rules to determine the heirs. it would appear if both parents are deceased then the children are the beneficiary. There are several probate proceedures that are available to be used to transfer the ownership to the children. The value of the asset determines what proceedure to use for the transfer of the real estate. Also the time...

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