Claimed Lawyer ProfileQ&A
- Real Estate Law
- Business Law
Jurisdictions Admitted to Practice
- Syracuse University
- J.D. (1978) | law
- Arizona State Bar
- - Current
Websites & Blogs
- Carol Lynn de Szendeffy Attorney At Law
4 Questions Answered
- Q. Is an owner of a property where a Lis Pensens has been filed for delinquent prop taxes required to reimburse the plainti
- A: The owner may be required to reimburse the Plaintiff if he paid the tax lien after a foreclosure suit was filed and the owner (1) was served in the suit or (2) became an owner after the suit was filed but paid the tax lien after a Lis Pendens was recorded. The Plaintiff in a lawsuit to foreclose the right to redeem a real property tax lien is entitled to reimbursement for costs in certain cases. Under A.R.S. 42-18206, the plaintiff is entitled to a judgment for reimbursement of his costs, including reasonable attorney's fees, if the tax lien is redeemed (paid) after the foreclosure suit is filed and the person redeeming (paying) the tax lien (1) was served, in person or by publication, in the foreclosure suit or (2) became an owner of the real property after the suit was filed and redeemed the tax lien after the Lis Pendens was recorded.
- Q. My credit is not too good my wife's credit is better we are buying a new house . They want me to sign a disclaimer
- A: When a spouse signs a DISCLAIMER DEED that spouse is giving up any claim or right of ownership to the real estate (home) that is being purchased, i.e. any legal right to the real estate. In cases of divorce the disclaiming spouse may be able to share in any increase in the value of the real estate realized as a result of the efforts of the two spouses' marital community. It is important to keep in mind, however, that sharing in any increase in the value of the real estate realized as a result of efforts of the marital community may be considerably less than half of the equity in the real estate. And if the court decides that there was no increase in value of the real property as a result of efforts of the marital community, the disclaiming spouse would not be entitled to share in any of the equity of the real property.
- Q. How much is the fee for filing a Proof of Authority with the Arizona Probate Court for an out of state executor?
- A: The filing fee currently charged by the Probate Court in Maricopa County AZ to file a Proof of Authority is $279.00. Probate Court filing fees in other Arizona counties might be different but should be comparable. If an attorney was hired the attorney's fee would be in addition to the filing fee.
- Q. My mother died without leaving her parcel to anyone in her will. My sister is the executor of her estate.
- A: If your mother was not an Arizona resident, her executor, once appointed in her home state, may file a Proof of Authority with the Arizona Probate Court. Under Arizona law a Proof of Authority allows an out of state executor to exercise all powers of an Arizona personal representative (executor) with respect to assets in Arizona, including signing a deed on behalf of your mother's estate.
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