Kent S Berk’s Answers

Kent S Berk

Scottsdale Probate Attorney.

Contributor Level 7
  1. File a petition to open an estate in probate?

    Answered over 2 years ago.

    1. John S. Palmer
    2. Donald Joseph Quinn II
    3. Steven J. Fromm
    4. Kent S Berk
    4 lawyer answers

    In order to "open probate," you have to file an application or petition with the Court asking the Court to accept the deceased person's will as his/her last will or declare that the person died without a will (intestate) and to appoint a person (the personal representative) to administer the assets, affairs and debts of the deceased. Once the Court does so, the personal representative must then take other steps, like filing an inventory of assets, publishing notice of the appointment and...

    3 lawyers agreed with this answer

  2. Dad died his wife claims he had no will. many investments and home. how can my sister and I find out if there was a will.

    Answered 7 months ago.

    1. Celia R Reed
    2. Paul James Dunn
    3. Kent S Berk
    4. Ruth Elaine McMahon
    4 lawyer answers

    There are many options to resolve your situation. You should consult with an attorney right away. For example, Arizona Revised Statutes Section 14-2516 provides as follows: "A. After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate or, if none is known, to an appropriate court. B. A person who wilfully fails to deliver a will as required by...

    1 lawyer agreed with this answer

  3. Im in the process of a short sale on my condo

    Answered over 2 years ago.

    1. Douglas Garth Edmunds
    2. Kent S Berk
    3. Brian Coleman Kelly
    3 lawyer answers

    There are many different considerations to doing a short sale. The Arizona Association of Realtors has a good guide - the seller's short sale advisory (link below). I suggest you read that and further investigate each of the issues. It is also advisable to have an attorney review any short sale/lender approval agreement before signing. For further information about Arizona's anti-deficiency statutes, an important consideration in doing a short sale, check out our video powerpoint presentation.