Legal Question in Wills and Trusts in Arizona

Re: Mother leaving house to me in death.

Your mother has made a mistake, you cannot put someone on the title as power of attorney. If she put him on the title, then he is part owner of the property right now, regardless of what she thought she was doing or seeking to accomplish. She needs to get him to sign a deed conveying his interest in the property to her, at once.

Then, the Will works to cause the house to be distributed to you after probate. Better yet, she can sign a beneficiary deed and record it now, which will work to convey the property to you upon her death, without a probate or any other action being taken by anyone.

He can't will the property to you, his power of attorney ceases to have any force or effect the moment your mother dies.

Re: Mother leaving house to me in death.

Your mother made a big mistake. If she put her brother on the title, she gave part or all of the house to him. He has no legal obligation to give it to you. This is NOT a power of attorney. Your mother needs to get the brother off of the title, and that will require his cooperation. I strongly recommend that your mother consult with an attorney as she clearly is over her head in this. It is easy to make a serious mistake when dealing with titles. If she did not use an attorney for her will, she should also have an attorney at least review it to make sure it will do what she wants.

Re: Mother leaving house to me in death.

No, he cannot, unless it is needed to pay off the debts of the estate. But with a specific bequest, which is what this is, it should go to you and no one else.