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Celia R Reed

Celia Reed’s Answers

3,418 total


  • My wife just died & was intestate. Her son by a previous marriage is claiming 1/2 the community property. Does he have a claim?

    I was my wife's 5th husband & her issue was by her second x-husband; her son is now 40 years old. I researched the 2013 Arizona Revised Statutes S.14-2102. specifically Article 2. It seems to grant me full possession of our community property all ...

    Celia’s Answer

    • Selected as best answer

    The children who are not children of your marriage are collectively entitled to one-half of your wife's sole and separate property. However, I echo my colleagues in not taking any action without first consulting with a probate attorney.

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  • My brother died in december 2013. Girlfriend now trying to state they were married

    Brother died under suspicious circumstances - cause of death has still not been determined. Mother received certified letter on 3/8 stating we must have proof of no marriage by 3/21. How does one proceed? There was no marriage license at the ti...

    Celia’s Answer

    I agree with attorney Ramsay's response. As the ex-girlfriend probably has access to your brother's assets, which she is not entitled to keep, it is prudent to consult with a probate attorney as soon as possible. Depending on the size of the estate, you will be advised what type of action needs to be taken to regain control of your brother's assets.

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  • We signed our pre nuptial and were married in Maryland. We moved to Arizona. Does Arizona except the pre nuptial agreement?

    Both parties had separate lawyers approve

    Celia’s Answer

    Generally a prenuptial agreement will have a specific provision indicating that the agreement is valid in all jurisdictions in which the parties live. Even without that provision, unless the agreement specifically stated that it would only be valid if the parties remained in Maryland (or whatever state the parties lived in when the agreement was executed), it would be valid in any state.

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  • What kind of attorney do I need?

    My mother divorced her husband last year. Their house went on the market and then her ex-husband died. His son, legal heir of the estate, has stopped making his half of the mortgage and utility payments, and my mom has been paying everything the l...

    Celia’s Answer

    You should have a divorce attorney review the terms of the Decree of Dissolution of Marriage to determine the post-divorce obligations regarding payment for the house. Then, as attorney Miller recommended, you should talk to a probate attorney about any claims you may have against the estate for its portion of the house expenses prior to sale.

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  • My father died less then a month ago in Mississippi, He had assets when he went into the marriage he is married to a stepmom of

    30 years, I am his only blood daughter and her 2 children are from someone else she said the wills were never finalized and that she gets everything. And that I need to sign off on the 4 cars he has. Well I have interest in one of them and the wil...

    Celia’s Answer

    • Selected as best answer

    If your father was a resident of Mississippi when he died, you need to consult a Mississippi probate attorney in the county where he lived, for advice. Do not sign off on anything until you have counsel.

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  • My husbands check is put on a debit card can i take money off of that card if we live in a 50 50 state

    we are having problems and i had to leave the house with no money, food, and very few clothes and he has the only income

    Celia’s Answer

    You have two separate issues. One is the right to the money as a community asset. The other is the right to access a debit card in your husband's name, if you are not an authorized user. Technically, if you are not on the card, you cannot use it.

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  • My husband recently passed away. He has a credit card balance for over $1200. Am I responsible for paying this?

    His will left everything to me: the equity in our home and vehicle, life insurance of which I am the beneficiary, and a small savings account.

    Celia’s Answer

    Ultimately the balance is your obligation but it never hurts to send the credit card company a death certificate and try to negotiate the bill. As the life insurance proceeds are not part of your husnand's probate estate, it is not an asset the credit card company can collect against.

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  • Help...I am trying to finish up my dad's probate account. There is not much there. My dad's taxes are no sweat.

    My question is more to do with the probate taxes. The little money that is left is insurance money. Do I need to file taxes on the probate account or do the individuals file those taxes when they receive the money? The probate is in the State...

    Celia’s Answer

    Insurance passes outside of the probate estate, so the proceeds are not part of the probate estate. Your best recourse is to talk to an Alaskan estate accountant.

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  • Can a ex-con be a executor to an estate and be bonded?

    My family has two ex-con for drugs and stealing the for drugs. The only one that has no record is me, i pay my bill and was bonded for a job before so am I having to be the one. Because it's sad to say the bond is so i know they won't take more th...

    Celia’s Answer

    An ex-con cannot serve as executor.

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  • My father died 2/08 and my younger brother was the executor of estate,me and my 2 brothers each recieved a portion of assets.

    However, I recently discovered that my younger brother,who was the executor of the estate, did not disclose all my fathers assets, he mentioned cashing in an annuity to purchase a vehicle, and previously there was $8000 in gold coins that wen...

    Celia’s Answer

    I agree with Attorney Harris. It may be too late for you to recover any additional assets, especially in light of your agreement, but it is definitely worth consulting with a probate attorney to explore your options.

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