Tucson, AZ asked in Real Estate Law for Arizona

Q: My question is in regards to property and a house my mother and father owned but both are deceased now.

My question is in regards to property and a house my mother and father owned but both are deceased now.

A sibling is living there now and wants to sell the property. Can she sell the property if it is not under her name? If there is a will what rights do I have to claim a portion of the money when she sells the home? Can you refer me to a real estate lawyer that will be able to guide me through this if there is something i can actually do to prevent her from leaving with all the money from the home if it is sold.

Rosanne Loya -602-434-3018 Phone

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Scottsdale, AZ
  • Licensed in Arizona

A: Your sibling cannot sell this property unless she has a legal right to do so. This usually means that she must be the property owner or the court appointed personal representative for a deceased owner. Since both parents are now deceased, your rights will be determined by the provisions of their Wills or, if there are no Wills, by Arizona Law. I recommend that you speak with a probate lawyer as soon as possible to learn your legal rights and discuss the best options to take now to protect them.

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