Legal Question in Wills and Trusts in Arizona

I have a question regarding inheritance of my Mother's property. In June of 2008 my half-brother signed a Quit Claim deed, in effect, selling his rights to the property to my Mother (the original owner and the property is still in her name) for $10.00. In Jully 2008, my Mother was diagnosed with Stage 4 Colon Cancer. In late October 2008, she drew up her Will and a Revocable Trust. Both the Will and the Trust laid down her wishes regarding the CONTENTS of the home as well as vehicles and her personal property--I was excluded from the group who would inherit this portion of her Estate. She also set up another group which received monetary assets, of which I was included. As already stated, the home is still in her name even after my half-brother informed me he was going to sell the home (you can't legally sell what isn't yours). So the question: Do I have rights to any portion of the home--0%, 50%; or 100%. There is no one else who could be involved in theinheritance succession--just him and myself--additionally, he signed legal documents stating that no one else had any claims on her real property--in effect, committing perjury.

Asked on 9/02/10, 9:55 am

1 Answer from Attorneys

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

The answer to your question depends upon what her last Will provides. If the title to the property is still in her name alone, then her Will should determine who inherits the property and those persons need not be relatives. You should retain counsel, even if only for a consultation, and discuss what your rights might be.

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Answered on 9/07/10, 2:30 pm

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