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Ray
Ray, Lawyer
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Experience:  30 years in civil, probate, real estate, elder law
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My first husband died in March 2007. The home we owned together

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My first husband died in March 2007. The home we owned together is now listed as Kathleen McQuarrie and the Estate of Jason M. Cabrera. Just over a year ago I got married again, and I don't know what type of paperwork to file to put the deed in my name (Kathleen McQuarrie) and my new husband's name - David A. McQuarrie

RayAnswers :

Thanks for your question and good afternoon.Was there a right of survivorship here in the deed??

RayAnswers :

This is a sample of a joint tenancy with right of survivorship deed.

RayAnswers :

If there was a right of survivorship in the deed then you would file a copy of the death certificate in the county deed records and the tax assessor would change the property to you as survivor.

RayAnswers :

But here it appears it is just jointly owned.You will need a lawyer here to file for probate of your husband's estate.If he did not have a will it will be a court supervised probate here.Once you are named the personal representative and after debts are paid then your lawyer would prepare a deed from you as personal representative to you as the sole legal heir.

RayAnswers :

If there is no will his marital interest in the house passes under the laws of intestacy as follows.

RayAnswers :
















  • spouse but no descendants




  • spouse inherits everything




  • a spouse and descendants from you and that spouse




  • spouse inherits everything




  • a spouse and descendants from you and someone other than that spouse




  • spouse inherits 1/2 of your separate property but no interest in the 1/2 of the community property that belonged to you

  • children inherit 1/2 of separate property and the 1/2 of the community property that belonged to you


RayAnswers :

If there are no children then you would inherit his share here in probate.But you will have to file for probate here in order to receive the inheritance from the probate court.

RayAnswers :

You will need a local lawyer here to file probate and prepare your application and be named his personal representative.

RayAnswers :

Probate here takes about a year from start to finish.

RayAnswers :

More information for you about the process in Arizona.

RayAnswers :

You may be able to file for informal probate here yourself if you want to try it.Here are the forms and step by step under intestate probate..

RayAnswers :

The court once you file applies the laws of intestacy I gave you above to decide who the legal heir(s) are here.If you are the heir then you would be deeded his share as part of probate.

Customer:

Thank you for the reply. I will check out the link momentarily. Would I have to go through a probate/lawyer and be named the personal representative if I were just going to sell the home? And if we don't know if we are going to sell or not anytime soon, should we go through this process? I don't want my husband to have any issues with entitlement to the house if I should die.

RayAnswers :

Yes you need to do this to clear up the title here.The estate at the moment owns half and you need to have that half deeded to you.Once that is done you are free to quitclaim your husband(current) a half interest.At that point you quitclaim it from you as grantor to yourself and him.That way you are joint owners.Your other option is to create a joint tenancy with right of survivorship by deed.If you do that then it passes to the survivor and no probate is necessary.

RayAnswers :

If there were any cars or other assets titled in his name you can use probate to change those too.

RayAnswers :

You can find a local probate lawyer here.

RayAnswers :

Arizona


 









Maricopa County Lawyer Referral Service
Phoenix, AZ
Phone:(NNN) NNN-NNNN
Toll free:(NNN) NNN-NNNN
Counties Served: Maricopa



 


Pima County Bar Association LRS
Tucson, AZ
Phone:(NNN) NNN-NNNN
Counties Served: Pima

RayAnswers :

It has been my pleasure to chat with you.Please let me know if you have more follow up.Thanks again for letting me help.

Customer:

Thanks for your time and expertise.

RayAnswers :

You are so welcome.

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