Legal Question in Real Estate Law in Arizona

My 3 siblings and I were "Quit Claimed" some acreage near Kingman, AZ by our Father. The Deed has the property given to each of us as "sole and separate property." It was the intent of our Father, now deceased, and verbally expressed by him before his death, that the property is and remain the property of his children only, and not "inheritable" by any spouse or child.

Given that, my oldest brother has now passed away so does that mean that we each "own" 1/3 of property and that his spouse and their children have no claim to the property ?????


Asked on 6/13/11, 4:58 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Sorry, but no, you and your siblings are tenants in common with the estate of your deceased brother, and whoever inherits from him, each owning a quarter. It would be well advised if you all sit down together and agree how the property will be handled in the future, and agree how to hold, manage and deal with the property, since there are taxes and other expenses of ownership that now are your joint responsibility, and perhaps, the spouse and children would prefer to be bought out, and then the 3 of you would be the sole owners.

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Answered on 6/13/11, 5:06 pm


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