Full question:
My Dad passed in 1990 he and my mom have property 'Tennants in common' my mom started a living trust in 2005, we hired a probate lawyer to get my dads name off the deed and put his half of the property in the trust. The lawyer did a quick claim deed and said that would solve our problem. My mom passed in 2006 we are currently trying to sell the house and we cant because my dads name is still on the deed and the title company will not accept the quick claim deed. My mom and dad had a will signed in 88 that states my dad leaves all to my mom. Is this will still valid since my mom has a trust and if so can we use this to avoid probate for my das half of the property.
- Category: Wills and Estates
- Date:
- State: Arizona
Answer:
Some states have a statute of limitaions for probating a will. If the will was validly made, it will need to go through probate in order for its terms to be given effect. In cases where the value of the estate doesn't exceed a certain amount, a summary administration process for small estates may be available. The fact that a trust exists doesn't automatically void a will. A trust and a will may exist as completely separate legal documents. I suggest you consult a local attorney who can review all the facts and documents involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
