Legal Question in Wills and Trusts in Arizona

Re: mobile home

Whether you need to open a probate depends on the value of the property and whether or not the mobile home is attached to the land. Review the probate forms from the Superior Court in the county where your lived. See an attorney for help.

Re: mobile home

More facts need to be known to give you information, such as:

What is the value of the home equity?

What value of other non-real estate property existed at his death?

Is the home "affixed" to the land?

An examination of this "notarized statement" needs to be done in person to see the document.

I frankly doubt that a probate will be needed, but cannot say without more information. Also, as surviving spouse, you are entitled to certain amounts as the surviving widow even if there are creditors.

See an estate attorney for a complete review of all facts and documents. We offer free, no obligation initial consultations, or you are welcome to speak with another attorney.

Best regards,

James D. Jenkins

Disclaimer: This post is for general educational purposes of the public, and is not intended to create an attorney-client relationship. It is in response to an anonymous question posted on Law Guru. See an attorney for specific legal advice in your particular situation, with all facts and documents presented.

Re: mobile home

All powers of attorney cease to be effective upon the death of the principal, so the POA does not give you any authority. I don't see any information about the home being a mobile home, however, if it is a manufactured home and it is not attached to the land by a permanent foundation (and the land was owned by your husband as well), then a mobile home is transferred in the same manner as an automobile, through the motor vehicle department.

If you husband's total assets were valued at more than $50,000, or part of the assets included real property (a home built on land), then a probate will be required. A notarized statement leaving everything to you may or may not constitute a Will, if it meets the requirements of law. If it is not a valid Will, then your inheritance is determined by state law, ie. if the deceased is survived by a spouse and no children, then the spouse inherits all.

You should contact a lawyer to get advice on which situation applies to your case and what law applies to those facts.