Legal Question in Wills and Trusts in Arizona
No Will, Real Estate Issues & Probate
My mother passed away earlier this year, there was no will or affidavits.
I am her only child (1st marriage), my step father (her 2nd marriage) is the only other heir. The real estate had a quit claim from prior to her death taking my step father off the property. My step father paid off the property after her passing, however the home is still only vested in her name.
On a side note, the home was accuired prior to her marriage with my step father. He was eventually vested after they married, however she removed him with just her name, not indicating anything more than her name (no joint tenants, rights of survivorship, etc.)
My additional concern is also a bank account she had for business-her name is the only one on it with NO POD indicated.
She had more than $75,000.00 in real estate and less than 50 grand in assets.
I feel very lost to what rights I have with this situation and what should be my next course of action. He is 100% convinced that he being the spouse everything goes to him, PERIOD.
What rights do I have regarding the property, considering the laws of intestacy in Az and the community property laws regarding the deceased's children from prior marriages?
Will I be notified regarding a file probate?
1 Answer from Attorneys
Re: No Will, Real Estate Issues & Probate
Because there is real estate in your mother's estate and she has more than $50,000 worth of assets, a probate is required in order for the assets to be distributed to the heirs. You can apply for probate of the intestate estate and for appointment as the personal representative of the estate. The PR has the duty to notify all of the other heirs of the application so that they have of the right to object and to be notified of what action the PR takes with regard to the estate. The PR also has the duty to publish notice to creditors, pay legitimate claims, taxes and other expenses, and then distribute the remainder to the heirs, all under the supervision of the court.
Your stepfather, could make a claim against the estate for the money he spent to pay off the mortgage and the court would have to decide if that is a legitimate claim and if so, how much. The court will decide who inherits under AZ law, usually when a person dies survived by a spouse and one child, the estate is split, in equal shares.
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