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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36952
Experience:  Texas lawyer for 30 years in Estate law
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My mother and father were named on a Yuma, Arizona superior

Customer Question

My mother and father were named on a Yuma, Arizona superior court complaint by a relative's involving my now deceased grandmother's house. My mom was placed on the deed of my grandmother's former house; but was battling along with another relative against an uncle obtaining sole ownership of the property. A settlement has now been reached and my mom is willing to sign over her portion of the deed, but there's an issue that may create a cloud on the title. Unfortunately, my father recently passed on Feb 4, 2015; prior to the court proceedings occuring related to the complaint on Feb 24 and did not file a response to the summons complaint on my father's behalf; but my mother responded and called into the proceedings as she lives in Asheville, North Carolina. Additionally, my father was not named on my grandmother's house deed.
Questions: Does this create a cloud on the title and therefore will impede the settlement for him not filing an answer prior to his passing? Since the property is located in Yuma, AZ and is a community property state and my mom acquired a share of the house while married to my dad; does someone half to sign representing my dad signing over the deed even if he wasn't named on the deed? Please note: my mom lives in North Carolina. In reference to my dad passing, everything automatically went to my mom; therefore, my dad does not have an executor of an estate and no will. Is it an option for my mom to sign for my dad as a personal representative for my dad? Any guidance would be greatly appreciated. Denise
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today,

Here this would be separate property since it was gifted from grandmother and dads as a name was not added to title.This should not be a problem mother received it as a separate property gift.This would be decided by Arizona law if t he property was located there.

Since it was resolved other than father and he has no title claims because it was gifted separate property you should be fine..If father's name was added here it would be a different story.

Property one spouse owned alone before the marriage, or acquired by gift or inheritance during the marriage, is that spouse’s separate property, as long as that spouse can prove the claim with financial records or other documents. The deed would serve as that proof here.

Reference..

http://www.divorcenet.com/resources/divorce/marital-property-division/arizona-divorce-dividing-prope

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

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