Q: CAN A PERSON INCARCERATED THAT HAS 20 YEARS FORCE YOU TO SELL A HOUSE WHEN YOUR MOM PASSES
I LIVE IN PINAL COUNTY IN ARIZONA AND I TOOK CARE OF MY MOM FOR 4 YEARS. I WAS HER POA AND GUARDIAN AND CONSERVATOR. MY MOM HAD A STROKE WHICH LEFT HER INCAPACITATED. SHE HAD NO WILL. SHE PASSED AWAY. SHE LEFT BEHIND A HOUSE. I HAVE TWO BROTHERS. ME AND ONE BROTHER IS IN AGREEMENT THAT THE HOUSE SHOULD GO TO ME. MY OTHER BROTHER WHO IS A LIFETIME CRIMINAL/FELON SINCE THE AGE OF 13 AND HE IS NOW 47. WHO IS IN OKLAHOMA DOING A 20 YEAR SENTENCE THAT HE RECEIVED IN 2014, IS NOT IN AGREEMENT. ALL HE WANTS IS MONEY. CAN HE FORCE US TO SELL THE HOUSE? ALL THOUGH MY MOM NEVER HAD A WILL SHE ALWAYS SAID SHE WANTED THE HOUSE TO GO TO ME DUE TO THE FACT THAT IM A FEMALE AND FEMALES HAVE KIDS AND NEED A FOREVER PLACE TO RAISE THEIR KIDS.
A:
Assuming your mother was unmarried at the time of her death, Arizona law provides that her estate passes to her children in equal shares where there is no will. In order to pass title to the home to you and your siblings, you will need to probate your Mom's estate or, if the equity value of the home is under $100,000.00, you may be able use a small estate affidavit. The decision as to how to handle this estate should be made after consultation with a probate attorney.
Since your incarcerated brother is entitled to his share of Mom's estate, his interest will need to be purchased by you in some way. This might be handled best through a probate and before your brother takes title. If your brother goes on title to the home as a one-third owner, he will be able to force the sale of the home by filing a partition action. The home may also be subject to any debts, tax debts or judgements that may exist against your incarcerated brother. This is a complicated situation and I strongly recommend that you seek legal help before taking action.
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