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Question: My Mother lived in and owned property in Sun City, AZ for about 30 yrs. She had two living children whom have had a rather toxic relationship. She had a living trust and her son is named Successor Trustee. In 2003 she suffered a small stroke and (while still mentally alert) she had a problem with her speaking ability. As a result, she retired as Trustee and named her son who divides his time between New Mexico and Alaska. Her son physically relocated her to New Mexico about 10 months before she passed in Feb. 2011. He had sold her property in AZ in Sept 2010 but moved all her personal belongings to his property in NM prior to that date. Her remains are interred in AZ. Which state would have jurisdiction if a probate proceeding is necessary? (i.e.- Say the Successor Trustee fails to act?)

Answer: For information on jurisdiction in regards to trusts and probate issues, please refer to the Arizona Revised Statutes. In particular, see ARS§§ 14-1301-14-1311 under Title 14 Trusts, Estates, and Protective Proceedings. If detailed legal advice is needed, please visit our website for legal aid options

QUESTIONS

  • My Mother lived in and owned property in Sun City, AZ for about 30 yrs. She had two living children whom have had a rather toxic relationship. She had a living trust and her son is named Successor Trustee. In 2003 she suffered a small stroke and (while still mentally alert) she had a problem with her speaking ability. As a result, she retired as Trustee and named her son who divides his time between New Mexico and Alaska. Her son physically relocated her to New Mexico about 10 months before she passed in Feb. 2011. He had sold her property in AZ in Sept 2010 but moved all her personal belongings to his property in NM prior to that date. Her remains are interred in AZ. Which state would have jurisdiction if a probate proceeding is necessary? (i.e.- Say the Successor Trustee fails to act?)

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