Tucson, AZ asked in Estate Planning for Arizona

Q: How do I avoid my sons inheriting a h ouse they don't want when I die? I want no one to inherit it. What happens?

When my house goes into probate when I die do my sons have to take it if the court gives it to them. Do they legally have to take it . I will have no will and no power of attorney .

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1 Lawyer Answer
Brian Strickman
Brian Strickman
Answered
  • Estate Planning Lawyer
  • Gilbert, AZ
  • Licensed in Arizona

A: In an intestate situation (where there is no will) an heir does not have to accept their intestate share. If they refuse than it passes as if the heir actually died first. This means the house would go to the next person on the intestate hierarchy, who this person is depends on who is alive at the time of your death.

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