Legal Question in Wills and Trusts in Arizona

My deceased husband left a will but it was written in 1983 and both of the appointed estate executors are now dead. Who takes over, and I did a quitclaim of the home to my deceased husband. My name is still on the mortgage with my VA

backing, and my name is on the initial Deed. Do I have ownership of the house now that he is deceased?


Asked on 9/14/10, 6:42 pm

1 Answer from Attorneys

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

A Will, properly made and executed, is still a valid Will, without regard to the date it was made. If the named executors are not able to serve, then you can apply to the court to be appointed Personal Representative of the estate. State statute provides a list of those who have priority to serve as PR. If you are the designated person under the Will to inherit the property, then, upon completion of the probate process, you would become the owner of the house. You did not say if the quit claim deed was recorded or how title was held before you quit claimed your interest to him. These are important facts to consider. Also, it is not clear if you were married at the date of his death or what the will provides with regard to the distribution of his estate. A valid will controls the distribution of his estate, subject to the payment of claims and taxes, and the costs of probate. You should consult with an attorney to help you sort out the answers to your questions.

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Answered on 9/19/10, 8:29 pm


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