Legal Question in Wills and Trusts in Arizona
Who legally gets the house
My mom and dad bought a house, my dad passed away, several years later my mom remarried. One year before her death she put the house soley in her name. 7 months after her death, her 2nd husband put the house into his name. My mother did not have a will, but always stated the home was to go to me. Now my siblings and myself fear we have lost the only thing we had left of our mother??
3 Answers from Attorneys
Re: Who legally gets the house
One question. How did your dead mother manage to sign a deed 7 months after her death?
Re: Who legally gets the house
It was your mother's separate property going into her second marriage, and therefore an argument can be made that it should pass to her heirs. Seek representation immediately to discover exactly how it was put into her second husband's name and to explore all of your legal options. Please call me directly at (619) 222-3504.
Re: Who legally gets the house
He cannot just "put the house in his name."
There must either be a legal document granting him the property or a court order doing so, such as a probate court.
If there was no will, then he would be entitled to part of the ownership of the property through intestate succession, but so would your mother's children.
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