Q: How can an Arizona citizen by virtue of being surviving spouse of heir, transfer her small interest in a Fla property?
She just learned she had inherited from her husband who inherited from his sister who died in 2016 in Florida. Her husband died in 2017 in Arizona. His estate was not probated but his sister's estate was belately probated in 2019 as summary admin in Florida.
His sister had inherited from her husband who inherited from his mother in 2006-all three were living and died in same county and property in question is also in same county .The Arizona heir wants to give me her share since it was my and my mothers house and I own the largest percent of the house. Other heirs, one in Florida and one in a nearby state are living and they indicate they will also transfer their interest to me.
My local attorney is handling Florida matters but I need some idea of what my options are in Arizona matter so I can find the most cost-effective way to handle the matter .
A: I had a little trouble following the breakdown. But if I am reading correctly it sounds like your late-husband's estate needs to be probated in AZ so that an ancillary probate can be opened in FL for his share of the real property. Ultimately, an experience Arizona probate lawyer should be consulted. It sounds like you have a FL attorney, and it may be a good idea to start with him/her to determine what they need.
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