Legal Question in Wills and Trusts in Arizona

Re: House

In order to take ownership of the house, someone will have to open probate. This should probably be the person nominated as personal representative in the will. If there is no will, the law dictates who can open probate and who can be appointed as personal representative. The personal representative can transfer the house to the proper heir by executing a deed, and if the house is transferred to your boyfriend's brother he can transfer it to you by executing a deed.

Probate can be done in four months, but depending on the circumstances, it may be possible to transfer the house much sooner.

Someone should continue making the house payments to prevent foreclosure. If you make the payments you make sure who will actually inherit the house and then have a written agreement with that person which provides that you will make the payments and they will transfer the house to you.

There are other issues to consider. I suggest that you consult an attorney to make sure your rights are protected. You may contact me by email or phone if you wish.

Re: House

Probate will probably take at least 6 months if there are no problems, it can take longer. If the brother is sure to inherit the house and he wants to give it to you, you should get his written agreement to convey title to you as soon as he is able to do so, and the consideration for his agreement is your agreement to make the mortgage payments and maintain the house. You must have a properly written agreement.