James Rayburn

questions & answers

Question: My father recently passed. He remarried 8 mos prior to his death. He had a will & a trust. In the trust, he left me & my brother his house which had balance. The will/trust states that his wife can live in the house "rent free" because it was supposed to paid off with the life insurance policy. It doesn't state that she has to pay the house off, but it is implied. However, it does state that she must pay the utilities, maintenance, property taxes, etc. She has yet to file the trust with the county, is giving $ to other beneficiaries & trading in his vehicle for new one. Probate or Trust Atty?

Answer: A probate attorney should be knowledgeable about Wills, Trusts and probate issues involving both.  If you do not know an attorney, look on the Arizona State Bar's website, https://azbar.legalserviceslink.com/, under "Find a Lawyer."  the category you are looking for is Trusts and Estates.

QUESTIONS

  • My father recently passed. He remarried 8 mos prior to his death. He had a will & a trust. In the trust, he left me & my brother his house which had balance. The will/trust states that his wife can live in the house "rent free" because it was supposed to paid off with the life insurance policy. It doesn't state that she has to pay the house off, but it is implied. However, it does state that she must pay the utilities, maintenance, property taxes, etc. She has yet to file the trust with the county, is giving $ to other beneficiaries & trading in his vehicle for new one. Probate or Trust Atty?

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