Wills

questions & answers

Question: My son was 45 and recently past away without a will. What can I do to get power of attorney so I can contact his mortgage company and have access to his banking accounts and other loans

Answer: The time for a power of attorney has come and gone.  Having passed away, your son can no longer grant you a power of attorney.  When someone dies without a Will, they are said to have died intestate.  Arizona has specific statutes for intestate succession.  A.R.S. Section 14-2103 lists out the order of succession in the event someone dies without a Will.  If there is no spouse, the children inherit.  If there is neither a spouse nor children, the parents inherit.  If there is no spouse, children or parents living, brothers and sisters inherit. How to proceed depends on the size of the estate.  If there are assets like bank accounts, stocks, equity in real property, investments, etc. and the value of those assets is more than $75,000, you will be required to file a probate in the county where your son lived.  Probate forms are available on the court's website.  Go to: https://superiorcourt.maricopa.gov/llrc/probate-court-forms/.If all his assets totaled less than $75,000, you can use the affidavit of succession authorized under A.R.S. Section 14-3971.  The affidavit form is available online.  Go to: https://www.azstatewideparalegal.com/uncategorized/small-estate-affidavit-succession/.