Chinle, AZ asked in Estate Planning, Real Estate Law and Probate for Arizona

Q: Im trying to take over my father's land it was sign over to him long ago I was wondering if I can get it

Im just trying to do what I can he past away in 2018 and my own family hasn't done a thing I'll pay almost anything

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

A: Thank you for your question. It is important that you know that transferring real estate under circumstances like this can be very complicated. I recommend that you work in stages. The first thing your must do is find out if your father is still the legal owner of the property. Contact a real estate agent or real estate attorney to find out. He has been gone for 4 years. Has anyone paid the property taxes? If not, the property may have been sold by the county for unpaid taxes.

Secondly, assuming that the property is still in his name, what does the current deed look like? Here are the questions which must be answered. Was title in his name only, or was it owned jointly with someone else. Also, is there a beneficiary option on the deed, which allowed the property to be transferred to his beneficiary on death. If there were no joint owners or beneficiaries you must then take the 3rd step. That step is to find a probate attorney to help you to transfer title to you. The attorney may need permission from other family members before the property can be transferred.

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