Tucson, AZ asked in Estate Planning and Probate for Arizona

Q: Is my share worth the market value of the property in 2021 or the market value at the time of his death in 2011?

I inherited my father’s share of a home that is titled “Tenancy in Common”. The other owner is his 2nd wife of 35 yrs. In his will, she has a life estate of my father’s share. My father passed 10 yrs ago. His will has not been probated; 50% of title is still in his name. The wife is probating will & selling property. His 2nd wife is the Independent Executrix without necessity of bond/security. In addition to the powers provided by law, she has been given powers to handle, manage, sell, transfer and distribute the assets without obtaining approval of any court.

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

A: I am sorry for the loss of your father and all of these challenges.

Unfortunately I cannot answer your question about value of your interest, without reviewing your father's will, and without additional information. I strongly urge you to find an attorney in the county in which the probate will be opened to represent your interests. Your information says you are in Tucson, so I recommend you find an attorney in Pima County. Do not try to do this yourself. Probate is complicated.

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