Legal Question in Wills and Trusts in Arizona

My parents own property in Mexico and are looking to turn it into a family home where all of their adult kids help out paying the property taxes and for the general upkeep, there are 8 of us. The house is owned by my parents and it names myself and my brother as a beneficiary. What kind of contract do we need in order to make sure that everyone's interests are taken care of i.e right to use the property and share of proceeds if my parents ever decide to sell it?


Asked on 4/02/11, 8:47 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

If the property is in the protected zone, ie. Rocky Point, then the property is titled in the name of a trust, usually with a bank named as the trustee, and the trust must be renewed (a fee paid) after a certain number of years. If not, then the property could be titled in the name of a non-resident. In both cases, you, your brother and parents should have a partnership agreement or something similar, which sets forth the terms and conditions of ownership, usage, what happens if someone get divorced, is incapacitated, goes bankrupt, or just wants to withdraw from the deal. The agreement sets forth the rights, duties and obligations of the partners.

If your parents intend to be the sole owners, and you are just paying a portion of the taxes and maintenance in exchange for the right to use the property from time to time, you should still have a written agreement as above, however, you will have no rights to ownership unless your parents give you that right, and if they sold the property, you would have no interest in the proceeds.

So, you have to have a clear agreement with your parents.

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Answered on 4/02/11, 10:43 am


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