Legal Question in Wills and Trusts in Arizona
Probate law, I believe
My husband's mother's step-mom died in Arizona in 1965 while the step-daughter was stationed overseas. Upon her return, the family home was in the possession of a neighbor. She never pursued how that happened, and we are just curious at this point re IF a will was absent, what would the procedure have been in Arizona in 1965 to settle an estate? We are trying to ascertain if a will existed or not. The step-mom had no other children of her own and all belongings were gone as well.
2 Answers from Attorneys
Re: Probate law, I believe
Without a will, a child does not inherit anything from a step-parent. Unless, the step-parent has legally adopted the child.
To answer your question about who should have got the house, more facts are needed. Was step-mother married at the time of her death? Did she own the property in her name alone or jointly with others?
Regardless of who should have got the house, it may be too late to do anything about it now. But, again, I would need more facts.
You should contact an attorney to help you figure this out.
Re: Probate law, I believe
Without a will, the property goes to the heirs at law starting at the first priority and going to the next if no person exists in that priority step. The priorities are spouse, children, grandchildren etc. then parents, brothers and sisters, nieces and nephews, their descendants, then to the state if none. Step children do not inherit if not adopted legally.
After 40 years it is a little late probably to do anything. Squatter's rights have probably given the squatter ownership. See an attorney with all facts and documents for a full opinion.
best regards,
James D. Jenkins
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