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My father passed away without a will 5 years ago. He owned a…

My father passed away...

My father passed away without a will 5 years ago. He owned a home & had a mortgage at the time of his passing. My nephew has been living in the house since my father's passing and has been paying the mortgage. He owes roughly $40,500 on the loan & the property is valued at $137,000. I have 5 sisters that are entitled to the house. Can we file a Small Estate Affidavit to transfer the title to us and avoid probate?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No steps taken, since my nephew agreed to pay the mortgage in my fathers name.

Lawyer's Assistant: Where is the home located?

Phoenix, AZ

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Answered in 1 minute by:
5/21/2018
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,882
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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You could use a small estate affidavit here.You would need to record it in the real proeprty records and then he uses it to assume the loan.Once the affidavit is on file the other heirs would have to do a quit claim to transfer their interest to him.

Forms and self help

PDF]Small Estate AFFIDAVIT For Transfer of Property When a Person has ..

I appreciate the chance to help you tonight.Thanks

If you can positive rate 5 stars it is much appreciated.

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,882
Experience: Texas Attorney for 30 years dealing in real estate
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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