Legal Question in Wills and Trusts in Arizona

My father passed away he and my mother were still married .My question is my dad refinanced the home some years ago but for some reason my mothers name was not on the deed for the house like previous to refinance .My parents never seperated nor divorced . The home is paid off and now and she wants to put the home in her name and doesnt understand why her name wasn't still on the home in the first place. All bank accounts , Autos and social security transfered to her after time of death. What does she need to do now?


Asked on 10/29/09, 2:48 pm

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

She needs to get a court order distributing the property to her, so that she is the named owner. This probably will require that probate of your father's estate be done. It is not complicated but is required in order to fill in the chain of title between your father and mother. The reason she was not on the title was probably due to the fact that he refinanced the property on his credit alone, and did not want her to be liable for the loan. If she was on the title, the lender would want her to be on the loan.

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Answered on 11/03/09, 3:21 pm


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