Phoenix, AZ asked in Real Estate Law and Probate for Arizona

Q: dad died 5 ys ago, my sister didnt want the house. how long does she have to come back and want it. I needto refience it

The morgage on it is expiring and I need to put the house in my name and refiance. I have lived here since 1960. all utilites are in my name I pay all the bills house payment and taxes and repaires. How can I put the house in my name.

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2 Lawyer Answers
Marcus N. Seiter
Marcus N. Seiter
Answered
  • Estate Planning Lawyer
  • Tempe, AZ
  • Licensed in Arizona

A: The answer to this question may be more complex than you were anticipating. I suggest that you contact a probate attorney near you to talk about your options. Among other things, the attorney will want to know if your father had a will that covered this house, how the house was titled, the value of the house (minus liens and encumbrances) at the time of his death, who survived your father, etc. Please do not delay in speaking with an attorney directly about this.

Peter H. Westby
Peter H. Westby
Answered
  • Probate Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: Assuming you and your sister are your father's sole heirs or beneficiaries, you will need to either probate your father's estate to obtain title or you will need to use the small estate affidavit procedure. Your sister will need to cooperate to make this work. You should seek the advice of a probate attorney before taking any action. Once your probate attorney knows all the facts, he or she will let you know what options will work best.

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