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 .

Related Topics:
1 Lawyer Answer
Brian Strickman
Brian Strickman
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.