Legal Question in Wills and Trusts in Arizona

eviction notice

My grandfather signed an irrevocable gift deed for his home in Arizona and gift deeded it to my brother and myself 3 years ago. It deeded the house to us, but gave him the right to live in the home until his death. He remarried in 2006 and recently had her sign a Quit Deed to release any interest she might think she had in the home. My grandfather passed away 4/6/07. I recorded the gift deed and the death certificate and was told the property belongs to my brother and I and that we can ask the new wife to move out. You have to understand, he died in Mexico and she buried him there without notice to his family in the U.S. His new wife is a Mexican citizen, but he was a U.S. Citizen. I for see problems because she would not even let me see the death certificate. I was told to serve her with ''notice'', but am not sure how many days I have to give her. My grandfather was living there free of charge, no rent. Please answer ASAP She wants to meet with us in a public location tomorrow 5/3/07 and I'm a bit concerned why we are not meeting at the house. I would like to serve her with notice as soon as possible. Just don't know if there is a required amount of day I must give her.Thanks for your help


Asked on 5/03/07, 12:59 am

2 Answers from Attorneys
James Jenkins Jenkins Law Center PLC

Re: eviction notice

Koglmeier, Dobbins and Smith, lawyers, in Mesa, Arizona limit their practice to landlord,tenant issues. That is basically what you have. You need to evict her legally. Use an attorney. Call them.

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Answered on 5/03/07, 11:38 am
Brian Blum Blum Law Office, PLC

Re: eviction notice

You need to have an attorney look at all of these documents and confirm that you do indeed own the property. Then you begin a "forcible detainer action" (which is a fancy way of saying eviction). You can do the forcible detainer yourself with forms you can get from the Clerk or law library at the courthouse, but you'd be well advised to have an attorney do it for you. Good luck.

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Answered on 5/03/07, 1:20 am


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