Phoenix, AZ asked in Estate Planning and Probate for Arizona

Q: Can my two brothers, who are and were living in my father's house stay in the home now that he's passed?

His final will and testament didn't include his new address. The will was made over 30 years ago with his old address. He owns his current home free and clear. No outstanding debts.

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1 Lawyer Answer
Ilene L McCauley
PREMIUM
Ilene L McCauley
Answered
  • Estate Planning Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: I am so sorry for your loss.

Even though this seems like a simple questions it is not. It is actually a very complicated question because the law is very complicated. It is complex in order to make certain that none of the people involved are committing fraud.

So, In order to answer your question we will need more information.

Your father left a 30 year old will. The will may or may not be valid. In addition, if the will is valid, in order to be useful, the will needs to be admitted to the probate court for approval. Upon approval, Letters of Personal Representative will be issued. With the Letters of Personal Representative, the person who is the Executor, now known as Personal Representative can decide if your brothers can live there.

But, that is only if the deed to your father's house is part of the probate estate, and does not pass to anyone else, by joint tenancy or other operation of law.

But also there are other facts to think about. I don't know if you and your brothers are the only beneficiaries of your father. If there are other siblings, or a surviving spouse, the decision may have to change.

So, that is why you need to contact a probate attorney in your area to help you.

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