Legal Question in Wills and Trusts in Arizona

Re: probate

I am not sure what you mean when you state that you signed a quick claim deed for your x-husb. I hope you don't mean that you signed his name on a quit claim deed. If you mean that you signed the house over to your x-husb by signing a quit claim deed, then you have given up your interest in the house. Maybe you mean that your x-husb signed the house over to you. In either case, unless you have refinanced, one of you owns the house, but you are both still on the mortgage. The mortgage company can collect from both of you. If the owner of the house dies then the house will go through probate unless the house is deeded to a trust or there is a beneficiary deed in place. (Maybe you meant to say you signed a beneficiary deed giving the house to your x-husb upon your death?) If you don't have a will or a trust, you should definitely have one. There are also a couple of other very important documents you should have in place, such as a health care power of attorney, and a durable financial power of attorney. These are important if you become disabled and need someone to make medical for you or to handle your finances until you are able to do it for yourself. You may contact me by e-mail if you have further questions.

Re: probate

1) 'signed quit claim deed to your husband' - a quit claim deed releases your interest in the property, and thus it will not be part of your estate should you pass

2) Probate? - see above

3) Mortgage and Equity Loans - depends if you were released from the loans pursuant to your divorce decree

4)Do you need a will? - First of all, a will does not avoid probate, but having an asset titled as joint tenants with joint survivship. Wills should be used if you want to determine who receives your property. Otherwise, the state will decide who receives it. Its also necessary if you have kids, so you can decide who gets custody. Otherwise, the courts will decide who gets custody of your children.

Hope this helps,