Legal Question in Wills and Trusts in Arizona

Re: sale of house after death

If the home was owned by the decedent's trust, then the trustee of the trust has legal authority to sell the home. If the grandson was living in the house without a lease or paying any rent, then he would have no right to remain in the house.

If the home was owned by the decedent, then someone must apply to the court for appointment as Personal Representative of the estate, and thus, gain legal authority to sell the house on behalf of the estate and be able to distribute the proceeds from the sale of the house, after payment of the decedent's debts and taxes.

Re: sale of house after death

I will give an answer somewhat different than those you have received. Since you refer to the trustees, I presume that there is a trust. However, I cannot give a proper answer to your question without personally reviewing the trust itself and the Last Will and Testament. I would also need to review any amendments to the trust. In short, all estate documents of the decedent need to be quickly reviewed to give an opinion to the trustees as to what they should do. To verify the house is in the trust, I might review the deed transferring the house into the trust.

The trustees should consult with an estate attorney, so that they are protected in this case, and to know all duties they must perform, for their protection and that of the beneficiaries.

You are welcome to speck with me or another estate attorney.

For more information check our blog at JenkinsLawCenter.blogspot.com

Best regards,

James D. Jenkins

Re: sale of house after death

Yes.