Legal Question in Wills and Trusts in Arizona

There is an easier way to leave a house to someone so that it passes immediately on death and you do not have to probate the will to give the house to someone. Whether you leave the house in a will or other instrument, it passes with the mortgage and any other liens on the house. If you would like to pass the house to someone without worrying about probating a will, please call my office at 602 462 1004 and asked for Stephanie Coulter. She can make arrangements for you to chat with me by phone.

Yes, you can give your house to a beneficiary, when there is a mortgage lien on the property. The beneficiary must perform the obligations of the loan agreement. In addition to using a Will to accomplish your goals, you can make a "beneficiary deed" which will convey the property to your intended beneficiary upon your death, and yet, you can change your mind and sell the property or give it to someone else, if you wish, and this will not require a Will as it will take place outside of probate.