Robert Michael Way’s Answers

Robert Michael Way

Tucson 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

    Having dealt with this issue in multiple probates and trust administration, I agree with Dan's advice and suggest that if you need further assistance, obtain an attorney consultation so that you are comfortable with whatever course of action you take. DISCLAIMER: This answer does not create an attorney-client relationship nor will the answer provided be considered confidential. The attorney providing the answer has not been retained to represent the indidivual who has asked this question....

    1 lawyer agreed with this answer

  2. My girlfriend was on probation for drugs, she had a violation (tested positive) and had left the state and now has a warrant.

    Answered over 4 years ago.

    1. Howard A Snader
    2. Robert Michael Way
    2 lawyer answers

    Your girlfriend needs to meet with her defense attorney or retain a new one because if, as you say there was an imposition of 18 months probation (supervised), and she tested dirty on a UA, then this is definitely grounds for a VOP (violation of probation) (as one can see since the probation office filed a notice of violation). Fleeing the state makes the situation worse. Also, if by some bad luck the girlfriend is picked up on a charge in MN, then the AZ warrant would most likely show up...

    1 person marked this answer as helpful

  3. If you have power of attorney, What is your responsibilty to the estate?

    Answered over 4 years ago.

    1. Mark Alan Wilson
    2. Robert Michael Way
    2 lawyer answers

    A Financial Power of Attorney terminates upon the death of the Principal; Health Care Powers of Attorney retain the right for an Agent to agree to (1) cremation (2) autopsy and (3) organ donation, unless expressly stated otherwise in the document. So, an Agenut under a Financial Power of Attorney will no longer be permitted to access a decedent's bank account even if the Principal/decedent granted you a signing power on the account. Money in a bank account belongs to a beneficiary...

    1 person marked this answer as helpful

  4. What can happend to a person who issus a bad check?

    Answered over 4 years ago.

    1. Robert Michael Way
    2. Matthew M Ellingson
    2 lawyer answers

    Depending on to whom you tendered the check, the result of your situation could be varied. Some people may (1) turn the check over to the bank, (2) the payee could call you and discuss your payment, or (3) the worst case scenario is that the check could be turned into the Yuma County Attorney's Office for Bad check prosecution. You should expect that anytime a check is bounced, it can result in potentially moderate fees from a bank between $20-$40 dollars per check. Your bank can provide...

    1 person marked this answer as helpful

  5. Mother passed away in Phoenix AZ, left no will, only assets, home and car. What do we do to gain control of her assets

    Answered almost 5 years ago.

    1. Robert Michael Way
    1 lawyer answer

    Probate is the court process in which property titled in the name of a deceased person is transferred to the living heirs or devisees. Whether or not a person is an heir or devisee depends upon if the decedent executed a last Will and Testament or not. Dying without a Will is called "intestacy" and dying with a Will is called "testacy". The first step is always to determine if there are any estate planning documents in place (i.e., a Will or Trust). Then, determine the nature and extent of...

    1 person marked this answer as helpful

  6. My dad died and paid rent in an apt month to month & paid in advance. Does a 30 day notice policy apply?

    Answered over 4 years ago.

    1. Robert Michael Way
    1 lawyer answer

    First look at the lease and determine if there are any provisions that control what happens when a tenant dies or upon early termination of the lease given that the occupancy is periodic tenancy (month to month). Then, depending upon whether your father's estate will be probated or not is also something that needs to be determined; look for a Will, or if none exists, all assets titled in his name should be inventoried to assess the size of the estate (this will help determine the type of...

  7. If a person files a petition for guardianship is that petition the actual order?

    Answered over 4 years ago.

    1. Robert Michael Way
    1 lawyer answer

    In Arizona, a Guardianship is a protective proceeding for either a minor or adult, which comes about from the filing of a Petition, court hearing, and judicial order. For a minor, any person who is interested in the welfare of the minor may petition the court for appointment of a guardian. Only a judicial order establishes the authority of a Guardian. Once a judge issues an order, the Letters of Guardianship will then be issued and filed with the Clerk of the court. Together, the Order and...

  8. How can i find out if my mother left a will, before she passed away?

    Answered over 4 years ago.

    1. Robert Michael Way
    2. Janet Lee Brewer
    2 lawyer answers

    In Arizona, there indeed is no Will repository as the previous attorney stated. But, if you retain a probate attorney, then it is possible for an attorney to send out an email to members of the State Bar of Arizona or to members of a local bar association in the particular county where mom might have lived, asking them if they have a copy or the original of your mother's Will assuming one exists. Consider also that an attorney consultation could be worth your time and money if mom indeed...

  9. What if a person pursued a case pro se and lost, but was not competent?

    Answered over 4 years ago.

    1. Robert Michael Way
    2. Susan Michals King
    2 lawyer answers

    I agree with the previous attorney's answer and would only add that when a person consults with an elder law attorney (specifically one from NAELA), be certain to ask whether the attorney focuses their practice in the area of financial exploitation and elder abuse. Not all NAELA attorneys in the Tucson area handle this type of litigation. Good luck! DISCLAIMER: This answer does not create an attorney-client relationship nor will the answer provided be considered confidential. The attorney...

  10. Can I legally take money by atm from my deceased mothers account before bank notified of death?

    Answered over 4 years ago.

    1. Robert Michael Way
    2. Robert Ian Aufseeser
    2 lawyer answers

    Only the title holder (owner) to a bank account has the authority to use the ATM card. If the decedent (mom) was the sole owner of the bank account, then the answer is "no", you cannot legally use that ATM card and should not; even if you are a signer on the account, then your right to withdraw funds from the bank account terminates upon your mother's death. If the account is titled in the name of a "living trust", AND you are a current trustee, for which the bank has records to substantiate...