TRY ME!
Probate Court Presentation Tips
Summary
In Arizona probate court, you can present your case by introducing yourself and your role as caregiver, detailing property and estate contributions, and addressing your sisters actions. Highlight issues caused by your sister, provide supporting evidence, and clearly state your requests to the court. You can also seek reasonable compensation for your caregiving efforts under quantum meruit. Consider consulting a probate attorney for personalized guidance.Full Conversation
For the property value, I used the county assessors office appraisal; that was not acceptable for the judge. Comparable market price be better? The house needs some repairs, like weatherization, new windows and reseal the doors, paint(* sq feet) , the upstairs needs new flooring. and some minor plumbing. The location is the main value, new though; near a quickly expanding University, near the light rail, free parking, a pool, the complex has trees and grass, it is a beautiful oasis in the city. 2 year old ac and heat,The property was built in *, but it has help up well.
Yes, using comparable market prices is generally better for court purposes. Judges often prefer a market-based valuation over a county assessor's appraisal, as it reflects current market conditions. You might consider getting a professional real estate appraisal.
Do you have any specific questions about how to find comparable properties or how to present this information in court?
Do you have any specific questions about how to find comparable properties or how to present this information in court?
Yes, how to present that to the courts, please. I ordered the final payouts from the mortgage company, home equity loans and credit cards. Another issue I have run into is the centenary our family vault is located. My grandfather prepaid for all of their children to be buried .I provided the information my mom held onto from my grandfather about what they had to pay for; opening/ closing family vault and a marker for each one to my aunts children, and she has already been buried there. They told me i had to get all the siblings to sign off on it. I missed my aunts funeral, because my cousin wrote me on an account I had, until recently, was locked out of. I spoke with my aunts oldest the night before she passed , text messaging the night before she passed. I was the only one to go see her other than my mom. The original contract my grandpa signed for is so old it is hand written. How should I deal with the centenary ? I have tried calling and emailing, to no avail. Go in person?
It sounds like you have quite a bit on your plate. For presenting property value information in court:
- Obtain a professional real estate appraisal for a current market-based valuation.
- Include details of the property's condition and location benefits.
- Provide documentation of comparable properties' recent sales.
Regarding the cemetery issue, visiting in person might be more effective if calls and emails haven't worked.
Would you like more information on how to handle cemetery disputes or need details on finding a real estate appraiser?
- Obtain a professional real estate appraisal for a current market-based valuation.
- Include details of the property's condition and location benefits.
- Provide documentation of comparable properties' recent sales.
Regarding the cemetery issue, visiting in person might be more effective if calls and emails haven't worked.
Would you like more information on how to handle cemetery disputes or need details on finding a real estate appraiser?
How do I list all of the debt? Is there a standard software I should use or format? How much is a real estate appraiser? How to find one? Yes, how to dispute the cemetery I have had no real resolution offered by them. My mom was cremated, and the cemetery had given me little care or offer to finalize this for me. I have felt abandoned by the system.
- Debt Listing: You can use software like Quicken, Excel, or Google Sheets to list your debts. Make sure to include:
- Creditor name
- Outstanding balance
- Interest rate
- Monthly payment
- Due date
- Real Estate Appraiser: Costs typically range from $* to $*. To find one:
- Search online directories
- Ask for referrals from real estate agents
- Cemetery Dispute:
- Visit the cemetery in person to discuss the issue.
- Keep a record of all communications.
- If unresolved, consider filing a complaint with the Arizona Board of Funeral Directors and Embalmers.
Would you need more details on any of these points?
- Creditor name
- Outstanding balance
- Interest rate
- Monthly payment
- Due date
- Real Estate Appraiser: Costs typically range from $* to $*. To find one:
- Search online directories
- Ask for referrals from real estate agents
- Cemetery Dispute:
- Visit the cemetery in person to discuss the issue.
- Keep a record of all communications.
- If unresolved, consider filing a complaint with the Arizona Board of Funeral Directors and Embalmers.
Would you need more details on any of these points?
Sure, key points to discuss with the cemetery would be great. Unfortunately, most offers were on the phone. One day they told me they would cover all the costs for her services , if i paid opening / closing cost and for the marker.. Then a different sales rep said no, and sent me the cost for a new plot. My mom was cremated by a company, my fiend is the funeral director for.
Here are some key points to discuss with the cemetery:
- Clarify the original contract terms your grandfather signed.
- Mention the initial offer to cover all costs except opening/closing and the marker.
- Provide documentation of previous communications and offers.
- Request a meeting with a higher authority if responses are inconsistent.
Would you like more information on escalating this issue?
- Clarify the original contract terms your grandfather signed.
- Mention the initial offer to cover all costs except opening/closing and the marker.
- Provide documentation of previous communications and offers.
- Request a meeting with a higher authority if responses are inconsistent.
Would you like more information on escalating this issue?
Yes, please. Thank you
You can escalate the cemetery issue by:
- Requesting a written response from the cemetery outlining their position.
- Filing a formal complaint with the Arizona Board of Funeral Directors and Embalmers.
- Considering small claims court if the dispute isn't resolved.
Would you like more information on filing a complaint or small claims court procedures?
- Requesting a written response from the cemetery outlining their position.
- Filing a formal complaint with the Arizona Board of Funeral Directors and Embalmers.
- Considering small claims court if the dispute isn't resolved.
Would you like more information on filing a complaint or small claims court procedures?
Yes, please
For filing a formal complaint with the Arizona Board of Funeral Directors and Embalmers:
- Gather all relevant documentation, including contracts, emails, and notes from conversations.
- Visit their website for the complaint form and submission instructions.
For small claims court procedures:
- The maximum claim amount is $*,*.
- Forms and instructions are available on the Arizona Judicial Branch website.
Do you need further details on filing a complaint or any other specific assistance?
- Gather all relevant documentation, including contracts, emails, and notes from conversations.
- Visit their website for the complaint form and submission instructions.
For small claims court procedures:
- The maximum claim amount is $*,*.
- Forms and instructions are available on the Arizona Judicial Branch website.
Do you need further details on filing a complaint or any other specific assistance?
Ok, a different issue. My sister filed a false order of protection(claiming she lived here) against me and took possession of the property for three weeks. They dropped the charges when I was arrested and the order was dismissed. She stole my moms jewelry box(with min. 4k value) and other tenants , laptops, hard drives( with records) , mine and my moms cell phones. Her * weeks here, along with the 1k she stole from me, along with keys and moms credit cars, and the estates vehicle.She is claiming I injured her by not telling her, My moms wishes only allowed me to tell * other people and i asked, not my sister. She didn't bother to make contact until * weeks after mom passed, demanding mom help her. I helped my mom get the place. It was supposed to be joint tenancy, but bank talked her out of it. i have paid to live here and paid to take care of my mom. The total I paid $*,* over 11 years.
It sounds like you have a complex situation involving estate issues, theft, and possibly probate concerns. Here are some steps you might consider:
- Report Theft: Report the stolen items to the police if you haven't already.
- Probate Court: Ensure the probate court is aware of your sister's actions, especially any theft or interference with the estate.
- Legal Advice: Consult with a probate attorney to navigate these issues more effectively.
Do you need help finding a probate attorney or more information on how to proceed with reporting theft?
- Report Theft: Report the stolen items to the police if you haven't already.
- Probate Court: Ensure the probate court is aware of your sister's actions, especially any theft or interference with the estate.
- Legal Advice: Consult with a probate attorney to navigate these issues more effectively.
Do you need help finding a probate attorney or more information on how to proceed with reporting theft?
I was my moms caregiver, guardian and she left it to me to take care. is this a valid point, I should bring up. My sister is very manipulative( 27 years hair dresser) The police told me it is a civil matter and refused to take a report.
Yes, it's definitely worth bringing up that you were your mom's caregiver and guardian, as these roles may hold weight in probate court. You should also document the theft and estate interference for the court.
Do you need help with drafting a statement or finding legal resources?
Do you need help with drafting a statement or finding legal resources?
She took the car after she was served with my legitimate order of protection. The officers saw her take it.
- Order of Protection: Having a legitimate order of protection against your sister strengthens your case. Mention that the officers witnessed the car being taken.
- Role as Caregiver: Emphasize your role as your mom's caregiver and her wishes in court.
- Civil Matter: Since the police consider it a civil matter, you should bring this to the probate court's attention.
Would you like more details on presenting your case in probate court or finding a probate attorney?
- Role as Caregiver: Emphasize your role as your mom's caregiver and her wishes in court.
- Civil Matter: Since the police consider it a civil matter, you should bring this to the probate court's attention.
Would you like more details on presenting your case in probate court or finding a probate attorney?
Yes, my lawyer depends on her paralegal for advice and is maybe a few years out of college, we did video court. Lets make an outline. Because , all of the attorneys today seem to be kind of lackadaisical and only want to take easy cases and offer no outside suggestions.
It sounds like you have a strong case given your role and the documented issues with your sister. Here's a concise outline for presenting your case in probate court:
Outline for Probate Court Presentation:
*. Introduction
- Briefly state your role as caregiver and guardian.
- Mention your mother’s wishes as outlined in the will.
*. Property and Estate Details
- Describe the property, its condition, and your financial contributions ($*,* over 11 years).
- List the remaining debts: mortgage, home equity loans, credit cards, utilities.
*. Sister’s Actions
- Detail the false order of protection and its dismissal.
- List stolen items (jewelry, electronics, credit cards, vehicle).
- Mention police's classification as a civil matter and officers witnessing the car theft.
*. Impact on Estate
- Explain how your sister’s actions almost led to estate default.
- Note her refusal to sign necessary documents (bond waiver).
*. Supporting Evidence
- Provide documentation: police reports, order of protection, communications with creditors, receipts of financial contributions.
*. Requests to the Court
- Seek enforcement of the will terms (sisterto receive her lump sum and car, no additional property).
- Request court assistance in recovering stolen property.
- Ask for clarity on handling estate disputes and debt payments.
Would you need additional details on any specific section or further assistance with your outline?
*. Introduction
- Briefly state your role as caregiver and guardian.
- Mention your mother’s wishes as outlined in the will.
*. Property and Estate Details
- Describe the property, its condition, and your financial contributions ($*,* over 11 years).
- List the remaining debts: mortgage, home equity loans, credit cards, utilities.
*. Sister’s Actions
- Detail the false order of protection and its dismissal.
- List stolen items (jewelry, electronics, credit cards, vehicle).
- Mention police's classification as a civil matter and officers witnessing the car theft.
*. Impact on Estate
- Explain how your sister’s actions almost led to estate default.
- Note her refusal to sign necessary documents (bond waiver).
*. Supporting Evidence
- Provide documentation: police reports, order of protection, communications with creditors, receipts of financial contributions.
*. Requests to the Court
- Seek enforcement of the will terms (sisterto receive her lump sum and car, no additional property).
- Request court assistance in recovering stolen property.
- Ask for clarity on handling estate disputes and debt payments.
Would you need additional details on any specific section or further assistance with your outline?
I think I am repeating myself. You have been more helpful Than anyone else has been,. I realize I am repeating myself. Thank you for the suggestions and insight.
Sure, let's create an outline to help you present your case effectively:
*. Introduction
- Briefly introduce yourself and your relationship with your mom.
- Mention your role as caregiver and guardian.
*. Order of Protection
- Explain the circumstances of your sister filing a false order of protection.
- Highlight that the charges were dropped and the order was dismissed.
- Mention the officers witnessed her taking the car after she was served.
*. Theft and Interference
- List all items stolen by your sister (jewelry, laptops, hard drives, phones, money, credit cards, vehicle).
- Emphasize the impact on the estate and your financial situation.
- Mention the police's refusal to take a report and classify it as a civil matter.
*. Probate Concerns
- Detail your contributions in maintaining the property and caring for your mom.
- Present any documentation showing your financial contributions ($*,* over 11 years).
- Explain the importance of following your mom's wishes regarding the estate.
*. Requested Actions
- Request the court's intervention in retrieving stolen items and ensuring fair distribution.
- Ask for any necessary legal actionsto be taken against your sister for her interference.
Would you like more detailed points for any specific section?
*. Introduction
- Briefly introduce yourself and your relationship with your mom.
- Mention your role as caregiver and guardian.
*. Order of Protection
- Explain the circumstances of your sister filing a false order of protection.
- Highlight that the charges were dropped and the order was dismissed.
- Mention the officers witnessed her taking the car after she was served.
*. Theft and Interference
- List all items stolen by your sister (jewelry, laptops, hard drives, phones, money, credit cards, vehicle).
- Emphasize the impact on the estate and your financial situation.
- Mention the police's refusal to take a report and classify it as a civil matter.
*. Probate Concerns
- Detail your contributions in maintaining the property and caring for your mom.
- Present any documentation showing your financial contributions ($*,* over 11 years).
- Explain the importance of following your mom's wishes regarding the estate.
*. Requested Actions
- Request the court's intervention in retrieving stolen items and ensuring fair distribution.
- Ask for any necessary legal actionsto be taken against your sister for her interference.
Would you like more detailed points for any specific section?
I am open to any addition details to support my case and how to present them in a respectful and factual manner. I am certain it will be most helpful to find other representation and if they had any hesitation; most of the work i completed. .
To support your case, here's a concise outline to present your situation in a respectful and factual manner:
*. Introduction
- Briefly introduce yourself and your role as your mom's caregiver and guardian.
*. Property and Estate Details
- Mention the property and its condition, including your contributions ($*,* over 11 years).
*. Sister's Actions
- Detail the false order of protection and the subsequent ransacking and theft.
- List stolen items and their values (jewelry, laptops, phones, etc.).
- Mention the police's refusal to take a report and their suggestion that it is a civil matter.
*. Probate Issues
- Highlight your sister's refusal to sign necessary documents and her disruptive actions.
- Emphasize your mom's wishes and your role in managing the estate.
*. Supporting Evidence
- Include any documentation: communications, contracts, and the legitimate order of protection served to your sister.
*. Requested Actions
- Clearly state what you are seeking from the court (e.g., enforcement of the estate plan, reimbursement for stolen items, etc.).
Would you like more specific details on any part of this outline?
*. Introduction
- Briefly introduce yourself and your role as your mom's caregiver and guardian.
*. Property and Estate Details
- Mention the property and its condition, including your contributions ($*,* over 11 years).
*. Sister's Actions
- Detail the false order of protection and the subsequent ransacking and theft.
- List stolen items and their values (jewelry, laptops, phones, etc.).
- Mention the police's refusal to take a report and their suggestion that it is a civil matter.
*. Probate Issues
- Highlight your sister's refusal to sign necessary documents and her disruptive actions.
- Emphasize your mom's wishes and your role in managing the estate.
*. Supporting Evidence
- Include any documentation: communications, contracts, and the legitimate order of protection served to your sister.
*. Requested Actions
- Clearly state what you are seeking from the court (e.g., enforcement of the estate plan, reimbursement for stolen items, etc.).
Would you like more specific details on any part of this outline?
I know in divorce court, the time invested is considered; does the probate courts ever consider that fact?
In Arizona, probate courts can consider the time and effort you invested in caring for your mom and managing her estate. This is often referred to as "quantum meruit" or "reasonable compensation" for services rendered.
Do you need more information on how to present this to the court?
Do you need more information on how to present this to the court?
Yes, please, details on how to present to the courts
To present your case effectively in probate court, follow these steps:
*. Introduction
- Introduce yourself and your role as your mom's caregiver and guardian.
*. Property and Estate Details
- Explain the property details, your financial contributions ($*,* over 11 years), and your efforts in maintaining it.
*. Sister's Actions
- Detail your sister's false order of protection, the theft, and its impact on the estate.
- List stolen items and their approximate values.
*. Probate Issues
- Highlight the issues caused by your sister, including her refusal to sign documents and disruptive actions.
- Emphasize your mom's wishes and your role in managing the estate.
*. Supporting Evidence
- Provide documentation (communications, contracts, legitimate order of protection).
*. Requested Actions
- State your requests clearly (e.g., enforcement of the estate plan, reimbursement for stolen items, etc.).
*. Quantum Meruit/Reasonable Compensation
- Present a summary of your caregiving and management efforts.
- Explain the concept of "quantum meruit" or reasonable compensation for your services.
- Provide evidence of your timeand expenses in caring for your mom and managing the estate.
Would you like more detailed information on any specific part of this outline?
*. Introduction
- Introduce yourself and your role as your mom's caregiver and guardian.
*. Property and Estate Details
- Explain the property details, your financial contributions ($*,* over 11 years), and your efforts in maintaining it.
*. Sister's Actions
- Detail your sister's false order of protection, the theft, and its impact on the estate.
- List stolen items and their approximate values.
*. Probate Issues
- Highlight the issues caused by your sister, including her refusal to sign documents and disruptive actions.
- Emphasize your mom's wishes and your role in managing the estate.
*. Supporting Evidence
- Provide documentation (communications, contracts, legitimate order of protection).
*. Requested Actions
- State your requests clearly (e.g., enforcement of the estate plan, reimbursement for stolen items, etc.).
*. Quantum Meruit/Reasonable Compensation
- Present a summary of your caregiving and management efforts.
- Explain the concept of "quantum meruit" or reasonable compensation for your services.
- Provide evidence of your timeand expenses in caring for your mom and managing the estate.
Would you like more detailed information on any specific part of this outline?
Start a new chat