Legal Question in Wills and Trusts in Arizona

If parent dies without will, can brothers and sisters quitclaim house to one sib

My mother died unexpectedly a couple of years ago. She was predeceased by my father. Her only asset was a house. I have one borther and two sisters. We are all in agreement that my mom intended that my younger sister inherit the house. She now needs to insure the house under her own name. Can my brother and sister and I convey our ownership in the house by quitclaiming it to her? If not, how can she get title in her name?


Asked on 7/17/01, 12:52 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: If parent dies without will, can brothers and sisters quitclaim house to one

Depending on how long ago your mother died and depending on the equity in the house (market value minus mortgage minus cost of sale), you and your siblings (including your youngest sister) may be able to transfer the property by affidavit. If this is not available, it might be necessary to probate your mother's estate (even if there was no will) in order to transfer title to the property.

If you would like my assistance with either of these options, please contact me at (480) 732-9200)

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Answered on 7/18/01, 12:58 am


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