Legal Question in Wills and Trusts in Arizona

Regarding AZ laws: There is two names on a title/deed to my fathers house with "or" between the names. Father passed away and in his will it states equal division of house between girlfriend and myself. But girlfriend states the house is all hers. Can I do anything to retain my 1/2 interest in the house?

Asked on 9/27/10, 7:06 am

2 Answers from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

You have to bring a complaint in court to get a court order stating that house is 1/2 owned by you and her. This can be done in the probate division as part of the probate process. You should retain counsel at once to bring this issue to the attention of the court and get a ruling.

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Answered on 10/02/10, 7:18 am

James Jenkins Jenkins Law Center PLC

This is not so simple as it appears. The question of the "or" is troublesome. Does that mean you each own 1/2? It would be impractical to say that either one of you owned the entire property.

This can be resolved in the probate court, or in a civil action for "partition." Being a complicated matter, you need an attorney. Once you begin the process, it is possible to attempt a settlement. We have counsel on staff who can handle this matter, and offer free initial consultations with no obligation at 480.835.1500.

Disclaimer: This is general educational information only and is not intended as legal advice nor to create an attorney-client relationship with an anonymous participant in this educational format. See the attorney in personal or telephone consultation for legal advice.

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Answered on 10/04/10, 8:32 am

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