Questions answered by Paul E. Deloughery

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How long do I have to submit funeral expenses to my mother's trust in arizona?

Paul's answer | Answered on January 18, 2015

It sounds like the trustee has already spent or distributed the trust money. A trust does not normally have a creditor period (unless they sent you...

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My dad died in 2012. In October 2010 he had my brother who is now PR removed from his corporations papers. So since my family

Paul's answer | Answered on January 08, 2015

The court normally expects a probate to be completed within one year. Having it extended to two years is unusual. Having it extended for three...

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Does the Adult Guardianship and Protective Proceedings Jurisdiction Act apply?

Paul's answer | Answered on January 06, 2015

You will start a new guardianship action here in Arizona. The filing fee is $269 and you will also need to pay for the court investigator (I'm...

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My dad passed away in August. He had no will. I am his only heir. He has a 3rd wife. His vehicles are in my dads name only.

Paul's answer | Answered on December 02, 2014

To summarize what Mr. Muller said, essentially you and your step-mom split your dad's estate 50/50. I would suggest that you and she agree to go...

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My dying moms trust attorney called me yesterday sceaming profanities no filter whatsoever what do I do?

Paul's answer | Answered on November 20, 2014

I'm sorry to hear about your situation. The solution is to file to have you (or preferably a neutral third party professional fiduciary) appointed...

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Do I have to file ancillary probate, probate in another state and authorization in Arizona, or just authorization in AZ.

Paul's answer | Answered on November 18, 2014

You can open the probate in Arizona and skip North Dakota. Per A.R.S. 14-1301(2), the Arizona probate code applies to "property of nonresidents...

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Hi, question regarding form to file a "petition" on, and procedures for clerks to use to determine if a Will/Trust is current.

Paul's answer | Answered on October 31, 2014

You need an experienced probate litigation attorney, and specifically one familiar with removing a PR and/or trustee. Don't even try to do this on...

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Can we stop one sibling and her family from exploiting our father? He has Parkinsons with cognitive impairment mild to severe

Paul's answer | Answered on October 27, 2014

A guardianship might be a good solution. The guardian could then make the determination as to who can have access to your father. Your sister...

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If probate is not done in the same state where the will was made, which state's laws are used to determine if the will is valid?

Paul's answer | Answered on October 23, 2014

The state law where the will is probated is used. Take this example: The Will was signed in State A. Deceased person owned property in State B. ...

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How do I prove executor of my deceased mothers trust was incompetent and her son who is now executor is incompetent

Paul's answer | Answered on October 18, 2014

Arizona Revised Statutes Section 14-10706 allows the court to remove a trustee if "because of unfitness, unwillingness or persistent failure of the...

Paul E. Deloughery's Answers (230)

How long do I have to submit funeral expenses to my mother's trust in arizona?

My dad died in 2012. In October 2010 he had my brother who is now PR removed from his corporations papers. So since my family

Does the Adult Guardianship and Protective Proceedings Jurisdiction Act apply?

My dad passed away in August. He had no will. I am his only heir. He has a 3rd wife. His vehicles are in my dads name only.

My dying moms trust attorney called me yesterday sceaming profanities no filter whatsoever what do I do?

Do I have to file ancillary probate, probate in another state and authorization in Arizona, or just authorization in AZ.

Hi, question regarding form to file a "petition" on, and procedures for clerks to use to determine if a Will/Trust is current.

Can we stop one sibling and her family from exploiting our father? He has Parkinsons with cognitive impairment mild to severe

If probate is not done in the same state where the will was made, which state's laws are used to determine if the will is valid?

How do I prove executor of my deceased mothers trust was incompetent and her son who is now executor is incompetent