Where to start

[GantorX]

What is the name of your state (only U.S. law)? Arizona

My father just passed away. My siblings and I do not know where to start. My sister was residing in my father's house to take care of him. She was given a "Durable General Power of Attorney" by the state both reside in (Arizona).

How do my brother and I waive our rights to house and other property, so that sister can retain all assets?

Where can we find legal counsel that's inexpensive or free?

Who do we contact to get things started?

Thank you for your time...

 

[anteater]

Condolences on your loss.

Take a deep breath. Unless there are some unusual circumstances, there is no need to rush.

Start by putting together a list of his assets and liabilities. Since your sister held a POA, she should know most of them. Check particularly how the assets were titled. That will be one factor in how to proceed. (Since your father has passed away, the POA is no longer valid.) If he owned assets solely in his name and there were no beneficiary designations for the assets, then his estate likely will have to be probated.

If you do a search with terms like "Arizona probate process", you will find a number of websites that will give you some general info about probate, such as:

http://www.tucsonelderlaw.com/arizona-probate.htm

Did he have a will? If not and his estate is subject to probate, his assets would be distributed according to AZ's intestate succession statute. Since you and your brother wish to disclaim, you really should discuss that with an attorney.

You aren't going to find an attorney that will work for free - not in an estate matter. And "inexpensive" is a subjective term. But many attorneys will give you a 15 -30 minute consultation without charge. Get as much documentation as you can organized and make appointments for initial consultations with several probate/estate attorneys. Be certain that you have an understanding about any charges for the initial appointment. And, if and when you find one with whom you are comfortable, be sure that you understand how the attorney will be compensated.

 

[GantorX]

Where to start, pt 2

Thank you very much for your kind words and advice.

A weight was lifted from our shoulders by your reply.


God bless you!