How Does Intestate Succession Work in Arizona When a Decedent Dies With No Spouse and Three Children?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer When someone dies in Arizona without a valid will (intestate) and leaves no surviving spouse but does leave three children, Arizona law distributes the estate equally among those children. […]
Read article →How Can the Slayer Statute Rule Affect an Heir’s Right to Inherit from a Decedent’s Estate in Arizona?
Detailed Answer In Arizona, the Slayer Statute (A.R.S. §14-2802) bars a person who unlawfully and intentionally kills a decedent from inheriting assets via intestate succession or a will. Under A.R.S. §14-2801, a “slayer” includes anyone who procures a killing for financial gain. The probate court enforces this rule. The court must find by a preponderance […]
Read article →How does title transfer for an inherited home when there is no will and multiple heirs under Arizona law?
How does title transfer for an inherited home when there is no will and multiple heirs under Arizona law? Detailed Answer 1. Intestate Succession Rules Under Arizona’s intestate succession statutes (ARS §14-2101 et seq.), when a homeowner dies without a will, their estate passes to the closest relatives. If the decedent leaves a spouse and […]
Read article →What steps are involved in a Medicaid estate recovery claim against inherited property in AZ?
Detailed Answer In Arizona, the state Department of Economic Security (DES) or the Attorney General’s office may pursue a Medicaid estate recovery claim against assets—including inherited property—after a beneficiary’s death. The process generally follows these steps: Identification and Preliminary Notice DES reviews recipient records and identifies estates subject to recovery under A.R.S. §36-2954. Within 60 […]
Read article →How to Apply for a Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery Claims in Arizona
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer 1. Understanding Arizona’s Medicaid Estate Recovery The Arizona Department of Health Services pursues recovery of Medicaid benefits paid on behalf of a recipient from the recipient’s estate under ARS §36-2932 (https://www.azleg.gov/ars/36/02932.htm). This includes real property inherited by heirs. However, […]
Read article →How do I determine who the intestate heirs are of my father's estate in Arizona?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer When a person dies without a valid will—called dying intestate—Arizona law directs how to distribute the estate. Arizona Revised Statutes (ARS) Title 14, Chapter 2 sets out the order of heirs. […]
Read article →Can I appeal a probate court decision removing a personal representative in Arizona?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Under Arizona law, you generally have the right to appeal a superior court’s probate order removing a personal representative. Appeals in probate matters follow the Arizona Revised Statutes § […]
Read article →How to determine what assets remain in an estate after paying debts and fees in Arizona
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Step 1: Inventory All Estate Assets Under Arizona Revised Statutes (ARS) §14-3101, the personal representative must file an inventory and appraisement of all estate assets within 60 days of appointment. This includes real property, bank accounts, investments, personal property, […]
Read article →Arizona: Does the Personal Representative Have to Provide Me a Copy of the Accounting in a Probate Matter?
Detailed Answer Under Arizona law, a personal representative generally must provide interested persons with a copy of the estate accounting. Arizona Revised Statutes § 14-3902 requires the representative in formal administration to prepare, file and serve an account of all receipts, disbursements and distributions. After filing the account with the court, the personal representative must […]
Read article →What options exist for a personal representative with limited funds for handling creditor claims? (AZ)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney for advice specific to your situation. Detailed Answer 1. Assess Estate Assets and Liabilities Begin by compiling a complete inventory of the decedent’s assets (bank accounts, real property, personal property) and known debts (funeral expenses, medical […]
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