Legal Question in Wills and Trusts in Arizona
Property in wills
If we own a house that is only in my husband's name and he dies. What will happen? If he leaves it to me in his will is that good enough? Is a quick claim deed good enough?
2 Answers from Attorneys
Re: Property in wills
The easy answer is yes, if he leaves it to you in his Will, that will give his interest in the property to you after any probate required is completed. His interest will be subject to claims, debts and expenses. A "quit claim" deed will, upon recordation, entitle the property in your name immediately. My question is, if you both own the property now, why is it entitled in his name alone? You may consider the use of a "beneficary deed" to accomplish your goals.
Re: Property in wills
Thank you for your inquiry. There are several items which need to be considered: the language of your husband's will, any deeds that were executed prior to his death, and the value of the property.
Please feel free to contact my office to schedule a free 30-minute consultation to discuss these items.
Sincerely,
Monica H. Donaldson, Esq.
(480) 792-9770
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