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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55452
Experience:  29 years of experience practicing law, including tax and estate planning.
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My mother died almost two years ago. There are two probates,

Customer Question

My mother died almost two years ago. There are two probates, one in California and one in Arizona. Do the probates have to be settled separately based on each state's laws? Can the lawyer in California have the probate lawyer in Arizona send the funds to California?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Good afternoon Richard. My name is ***** ***** I look forward to helping you. In which state did you mother reside at the time of her death? Thanks.
Customer: replied 1 year ago.
She had an Arizona drivers license but was murdered by my older brother in her house in California. She was in process of moving everything to her house in Arizona.*****, Mohave valley, az.###-##-####
Expert:  Richard replied 1 year ago.
Thanks for following up. I'm sooo sorry about your mother! I will certainly keep you in my prayers. You would not have two totally separate probates. Rather, you would file a petition in one state to start probate..typically in the state of her residence..i.e., let's presume that was in CA (but, it could be in AZ and everything would simply be reversed). Her will would control her probate assets (and if she had no will, then the intestate succession laws of the state in which the property is located would control). After filing the petition for probate in CA to open the probate process, the executor of her estate would then simply need to file what is called an ancillary probate proceeding in Arizona to handle the transfer of title to the Arizona property to beneficiaries under the will (or pursuant to the Arizona intestate laws if she had no will). An ancillary probate proceeding basically piggy backs off the probate proceeding in CA to give the executor the authority to transfer title to the Arizona real property.
Expert:  Richard replied 1 year ago.
you should indeed direct the lawyers as you wish. It's not the lawyers' money; the lawyers work for the estate. And, the lawyers should send the money however directed by the executor. :)
Customer: replied 1 year ago.
I do not understand why I was charged the $59 when I did not authorize it?
Expert:  Richard replied 1 year ago.
Thanks for checking back. Your money has not been applied to this question; it is simply posted as a deposit. You can request that JA return it at any time. Just ask Customer Service.

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