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- Elder Law
- Estate Planning
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- Tagalog: Spoken, Written
- Jackson White
- - Current
- Sandra Day O'Connor College of Law, Arizona State University
- J.D. (2008)
- State Bar of Arizona
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- Jackson White Probate Site
87 Questions Answered
- Q. Somehow my dad's ex girl friend was a beneficiary on his bank account and took 117000 out can I contest the beneficiary
- A: You could challenge the beneficiary designation. It may be difficult though and would heavily depend on the facts of your situation. You should consult a probate litigation attorney.
- Q. My brother and I are the only 2 hiers for my mother which I am executor my mother was willed a house but did't transfer
- A: You should consult an attorney and provide the relevant documents and wills for the two estates. The house will probably still pass to your mom's estate and then would pass to her two heirs equally unless there are wills or other documents that would change this result.
- Q. My mom died without a will Dec 2, 2019. Her only major asset is the house, located in Park Scottsdale.
- A: To be a small estate, the estate must have less than $75,000 in personal property (bank accounts, cars, investments, etc.) and less than $100,000 in equity in real estate. The valuation for the property is determined by the county tax assessed value. You can also deduct any mortgages owed on the property. You have to wait 30 days for personal property and six months for real estate. Also for the real estate, all debts must be paid first. If it is not a small estate, then you can file a normal probate either formally or informally. Informal probates are routinely granted. I'm not sure why you were told otherwise. You should probably consult an attorney with your various questions.
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