Legal Question in Real Estate Law in Arizona

My father recently passed away. We have a "family" cabin and my step mother wants it put in her name, my name, and my two sisters name. My sister and I are concerned because my other sister's fiance owes the IRS $176,000 in taxes and currently has a paid under the table job so the IRS cannot garnish his wages. My question is if my sister does marry this man and god forbid something happend to her (she passed away) does my sisters 1/4 of the property go to him (Arizona is a community property state). And if so, could the IRS, once he became 1/4 owner, seize his quarter of the house for his unpaid taxes? If they seized his 1/4 would the rest of the owners then have to buy back that 1/4?


Asked on 4/30/10, 4:37 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

So long as your sister owned her share of the property before the marriage and does not act to commingle her share with community property, her share will be her separate property and would be, upon her death, subject to the provisions of her last Will. You have not stated anything, but it sounds like your mother intends to put the property in hers and your names as joint tenants with right of survivorship. You should get experienced legal counsel to advise you and your mother about the options and ramifications of the action she proposes to take, and not just be focused on your sister's fiance.

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Answered on 5/05/10, 9:23 pm


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