My husband’s grown children are claiming he is “severely demented” in order to claim guardianship. I have POA. Can they do this?
Kathryn's answer
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Answered on October 18, 2019
The main issue you've described relates more to Conservatorship, rather than Guardianship. In Arizona, a Conservator is someone who gets appointed...
How do I get a letter of appointment for my deceased brother's unpaid last Social Security Check? He has a will I am executor.
Kathryn's answer
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Answered on May 29, 2019
Depending on the amount of the check you may only need to present SSA with a Small Estate Affidavit form. You can get a form for the Small Estate...
Can I secure guardianship for my elderly mother?
Kathryn's answer
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Answered on January 16, 2019
If mom is incapacitated and cannot make her own decisions currently then you can seek guardianship, a medical report is necessary that supports the...
Archived
Why would a living trust make the trust holder the beneficiary?
Kathryn's answer
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Answered on December 07, 2018
In a typical revocable (living) trust, the creator of the trust (settlor/trustor) is the primary beneficiary during their lifetime, meaning all...
Archived
father died with no estate?
Kathryn's answer
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Answered on December 07, 2018
The bank account belongs to all co-owners and is not subject to probate. You and you siblings can close the account and each take your share of it...
Archived
My aunt is currently in a rehab center and there is no other family but me
Kathryn's answer
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Answered on April 19, 2018
In order to have legal authority to access her assets, or get I formation about them, you’d need to become appointed as Conservator by the Probate...
Archived
Do I need to open an estate?
Kathryn's answer
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Answered on March 08, 2018
If your brother died in, or had assets in, Arizona, and there is not a specifically named beneficiary on the account, with a value of less than...
Archived
Help getting a deed in my Name but not on the loan?
Kathryn's answer
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Answered on February 26, 2018
The process you need to follow will depend on how the property is titled, the estate planning documents in existence, and the equity value of the...
Archived
Will my wife be responsible for her father's credit card debt if she uses the small estate transfer affidavit in Arizona?
Kathryn's answer
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Answered on February 22, 2018
The assets of the estate are subject to the debts of the estate. Using the small estate transfer process does not bypass debts owed or make the...
Am I entitled to my deceased father’s assets?
Kathryn's answer
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Answered on January 29, 2018
Unfortunately, the assets that were jointly titled belong to the joint title holder upon your fathers passing and are not part of your fathers...
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