Thomas J Bouman’s Answers

Thomas J Bouman

Tucson Estate Planning Attorney.

Contributor Level 9
  1. My fathers house is in his name only,my mothers name is on the deed,who passed away yrs.ago.

    Answered about 2 years ago.

    1. Thomas J Bouman
    2. Harry J Lenaburg
    3. Steven Drew Baker
    4. Charles R Smith
    4 lawyer answers

    The most likely answer is that If Dad dies, the property will be subject to probate because he is the last surviving owner on the deed. There are different levels of probate, depending on many factors including the amount of equity in the property. In order to determine the heir, I would need to know whether the original deed included a "right of survivorship" clause or not. Whether your stepmother inherits the property depends on the provisions of Dad's Will. If he doesn't leave a Will,...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. A revocable trust will be made before a large inheritance is received. Does another trust have to be formed for the inheritance?

    Answered about 1 month ago.

    1. Trent D. Woods
    2. Ruth Elaine McMahon
    3. Thomas J Bouman
    4. Gerard William O'Brien
    5. Charles R Smith
    5 lawyer answers

    The answer to your question is no, provided the document calls for outright distribution. But the person who established the revocable trust might choose to leave the inheritance to a separate trust for a beneficiary. This "inheritance trust" would be irrevocable and serves the purpose of protecting or restricting the assets.

    1 lawyer agreed with this answer

  3. Can I have more that one person as my agent on a Medical Power of Attorney in the state of Arizona?

    Answered over 4 years ago.

    1. Brian S Starr
    2. Thomas J Bouman
    2 lawyer answers

    I agree, it is possible. However, it defeats the purpose of a medical power of attorney. Assuming Mom is unmarried, Arizona state law already gives the three children decision-making authority in the event Mom cannot speak for herself. Majority rules. Obviously, every effort will be taken to gain unanimous agreement among the children. The power of attorney is useful when there is disagreement. The document will clarify who has the final authority. I have never advised a client to name...

    1 lawyer agreed with this answer

  4. How am I able to change the beneficiary on my trust?

    Answered about 5 years ago.

    1. Thomas J Bouman
    1 lawyer answer

    If the terms of the trust permit you to make amendments, then you can have any estate attorney draw up an amendment for you to sign. In some cases, the trust will be completely rewritten (in order to pick up other law changes), which is called a restatement. If the terms of the trust do not permit amendment (i.e., the trust is irrevocable), then you are not permitted to change the beneficiary unless you have something called a power of appointment. I can take a brief look at your...

    2 people marked this answer as helpful

  5. Is my Estate responsible to repay expenses for family members to attend funeral?

    Answered over 3 years ago.

    1. Thomas J Bouman
    2. Arthur Harold Geffen
    3. Charles Edward Mcwilliams Jr.
    4. Justin Jay Watling
    4 lawyer answers

    It's certainly your choice; not mandatory. If your son is causing trouble over this minor issue, I suggest you make the effort to prepare a rock-solid estate plan for yourself.

    1 person marked this answer as helpful

  6. My father died in 2007, mother in 2008, my mother had no will made

    Answered about 4 years ago.

    1. Thomas J Bouman
    2. Peter G Schmerl
    2 lawyer answers

    In order to transfer the property out of your mother's name, you will likely have to petition the probate court for appointment of a personal representative. The best option is for the three children to agree on who should be appointed. This person can then proceed to collect the property, pay any outstanding debts, and then distribute the property. If your mother did not have a will, then the three children will likely inherit the estate in equal shares under Arizona law. If your...

    1 person marked this answer as helpful

  7. Do I need to perform Probate on Mothers estate. (very small)

    Answered about 5 years ago.

    1. Thomas J Bouman
    2 lawyer answers

    Assuming she doesn't own any real estate, this will probably require use of one or more Affidavits for Collections of Debt and Personal Property under ARS 14-3971(B), and not a regular probate. Many estate lawyers, like myself, would charge a very small fee to help make sure you complete the process correctly. Certainly you could expect less than $1,000 and as low as $250.

    1 person marked this answer as helpful

  8. Are heirs allowed to live in a deceased parent's house?

    Answered over 5 years ago.

    1. Paul E Deloughery
    2. Thomas J Bouman
    2 lawyer answers

    Short answer: Yes, this is possible. Longer answer: I don't recommend moving in until a probate has been started. The designated personal representative may then agree to let you stay in the house provided you pay rent to the estate. Of course, the rent may take the form of work you do on the estate's behalf, but this should be in writing to clarify expectations. If the home has a mortgage, the personal representative will need to make arrangements to pay. Of course, at some...

    1 person marked this answer as helpful

  9. Is there a way to dispose of furnishings and personal effects to avoid probate?

    Answered almost 4 years ago.

    1. Thomas J Bouman
    2. Kenneth V. Zichi
    3. Charles Edward Mcwilliams Jr.
    3 lawyer answers

    I also suggest the use of a living trust. In some cases, however, I would suggest the use of a LLC to hold title to a specific asset that is causing the value to go above $50,000. For example, an expensive piece of artwork. The LLC can avoid probate, although it has its own set-up costs of course. I should point out that the car TOD title/registration you refer to only works if the total value of your personal property is less than $50,000. This is a little quirk in the law, which can...

  10. Are there any attorneys willing to look over wills, living trusts, etc. that have been prepared with kits?

    Answered almost 4 years ago.

    1. Thomas J Bouman
    2. Charles Edward Mcwilliams Jr.
    3. Steven J. Fromm
    3 lawyer answers

    Yes, I will do it. I am very familiar with the Suze Orman kit and will give my honest assessment. See my website below for contact information.