Losing Spouse/Parent

questions & answers

Question: My sis passed 4-3-13 No will, I am her brother,she has a car and apark model in a RV park. How do I go about closing her accounts? I live in Oregon, on her death bed she left everything to me... What do I do?

Answer: In Arizona, a Small Estate Affidavit (http://www.superiorcourt.maricopa.gov/sscdocs/packets/pbse1.pdf) can be used if the value of all of the personal property (cash, bank accounts, stocks and bonds, cars,
jewelry, money owed to the person who died, etc.) in the estate of the person who died (the “deceased”), wherever that property is located, less liens and encumbrances, does not exceed $50,000, and at least 30 days have passed since the death, and/or the assessed value of the real property (land and permanent structures on the land) in the deceased’s estate located in Arizona, less liens and  encumbrances as of the date of the deceased’s death, does not exceed $75,000, and at least 6 months have passed since the death, and/or you are the surviving spouse, and you want to collect up to $5000 in wages owed to the deceased, and/or
you are entitled to the real property and/or personal property, and have the legal right (“legal standing”) to submit an affidavit claiming the property because: you are named in a will to receive the property and you can prove it; OR the person who died did not have a will, but you are related to the decedent as:
1. Surviving Spouse, or
2. Child , if there is no surviving spouse – or there is, but he or she is not your
parent and your parent, the decedent, had separate or community property,
or
3. Parent, if there is no surviving spouse or child, or
4. Brother or Sister, if there is no surviving spouse or child or parent, AND
If there are people with equal or greater right than you to the property, they have all assigned their entire interests in the estate to you, which is proven by the copy of the documents they signed to this effect that you can attach to the affidavit.

QUESTIONS

  • My sis passed 4-3-13 No will, I am her brother,she has a car and apark model in a RV park. How do I go about closing her accounts? I live in Oregon, on her death bed she left everything to me... What do I do?

STORIES

  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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