Bullhead City, AZ asked in Estate Planning and Real Estate Law for Arizona

Q: My mom died and her husband died 10 months later. The home they had was in both names.

I found out that the husbands son has been paying the mortgage and taxes on the property. Am I entitled to anything?

4 Lawyer Answers
Douglas Price
Douglas Price
Answered
  • Estate Planning Lawyer
  • Tempe, AZ
  • Licensed in Arizona

A: The answer to your question depends on a number of factors including how the title to the home was written and whether your parents had wills or a trust and what those documents stated. We would be glad to assist if you can provide our office with more information. As a child of your parents you may have certain legal rights even if they did not have wills or a trust. Thanks for reaching out with your question.

Nina Whitehurst and Andre L. Pennington agree with this answer

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

A: Maybe. It depends upon how your mom and her husband held title to their home and what estate planning was done by them. Did they have Wills? A Trust? Was the home titled in their trust? Or in their personal names? If so, did they take title as tenants in common? Or as Joint Tenants with right of survivorship? Or community property with right of survivorship? I recommend researching the title to this home. This should give you answers to some of these questions. I also recommend speaking with a probate attorney once you have more of the facts. From the information you provided it is not possible to tell what your rights might be.

Nina Whitehurst and Andre L. Pennington agree with this answer

Andre L. Pennington
Andre L. Pennington
PREMIUM
Answered
  • Estate Planning Lawyer
  • Surprise, AZ
  • Licensed in Arizona

A: It depends how the home was titled and whether there were estate planning documents. I recommend reaching out to an experienced probate attorney to help sort through it all.

Nina Whitehurst agrees with this answer

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

A: I am so sorry for you loss. This may not seem like it, but it is a very complicated question.

As your mother's child, you have legal rights. However your rights are limited by choices your mother may have made with her husband.

I recommend you go to an attorney in your area to get the answer to your question. You need to bring a copy of the deed to your appointment. If you cannot find the deed yourself the attorney will be able to find it. I would also recommend you get a copy of your mother's Last Will if she made one. Also she and her husband may have created a trust as well. If there is a trust, the attorney needs to review that as well.

Your rights will be defined by the deeds, the Will, the Trust and how your mother and her husband owned their property. The lawyer will help you through this maze.

Nina Whitehurst agrees with this answer

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