Q: My husband passed away from acute myeloid leukemia on March 10th 2018, there is no will and my name is not on the deed.
It was our intention to protect the house, it is my understanding I have to wait 6 months before applying to put my name on the deed. Do I have legal standing in acquiring the house and protecting it in the bankruptcy? The bankruptcy process was started and paid for, but my husband became too ill to finalize it before his passing.
A: Assuming that your husband had no children from a previous relationship you should be able to open an informal probate now and transfer the home to yourself. The six month period you mentioned applies when using a small estate affidavit to transfer title to your husband's home. There is no six month waiting period before a probate can be opened in Arizona. Consult with a probate attorney to learn your rights before you take action. Also consult with your bankruptcy lawyer to make sure that the action you take now will not cause you problems when you file bankruptcy.
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