Legal Question in Wills and Trusts in Arizona

Mothers will

My mother passed 11-01-07. My two brothers are co-agents. My mother has a mobile home that she added myself and one of the brothers on the title seven years ago. The title reads (or). The one brother who shares his name on the title, a month after mother passed signed over the title to my sister without discussing it with me. Whe I ask, he said she wanted to buy it and he would figure out the price later. It has been four months and he has not let me know the status. My sister has had some of mothers cash in her home all this time, and my brothers will not tell me how much is there and when it will be disbursed. Mother listed all four of us on her will to receive equal parts of everything. Can my brother just sign over a title to her mobile home because it is or status? I feel this was done with malice. I realise the mvd says he can, but when mother died, didn't the mobile home become part of her estate, her name was on the title along with mine and my brothers. I am more than happy to split it four ways, that what mother wanted. Do I have any resource? I have never been given a copy of her total assets. I ask what the intent was to dissolve her estate. I get no direct answers on brushed off. What can I do?


Asked on 2/14/08, 2:30 am

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Mothers will

An heir cannot act by himself without authority to dispose of property, particularly not in a situation which violates the inheritance rights of others.

As you have realized, and I congratulate you since I have never seen anyone who knew this, having more than one name on a title for a vehicle does not create a joint tenancy with right of survivorship. The mobile was owned by three persons. Your mother's share passes to her estate.

You do not state if there is an open probate case, so I presume your brother is acting without court authority.

See an estate attorney. You will not be able to get this done on your own, even though you have good insight into the lay of the land on the issues. We offer free initial consultations if you want to speak with us. 480.835.1500.

best regards,

James D. Jenkins

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Answered on 2/15/08, 2:02 pm


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