About our inheritance in another state and will be divided between adult children from each of the parents?

Asked almost 2 years ago - Mesa, AZ

My mother passed and soon after so did my stepfather. House and land have to be divided into our side(mothers) and other part towards my stepfathers children. But we cannot seem to get any information as to what my step dads kids are doing. We would sell our part to them if they want to. On my brothers and sister side we do not want to cause problems just what is my mothers part.

Attorney answers (3)

  1. Celia R Reed

    Contributor Level 20


    Lawyers agree

    Answered . In order to determine whether you have any interest in the house and land, you need to know how title was held. For example, in Arizona, if title was held by your mother and stepfather in joint tenancy with right of survivorship, then upon your mother's death, the entire house would pass to your stepfather's side of the family. If the property was held as tenants-in-common, and your mother did not leave a will, you would most likely be entitled to one half of the interest in the property. As the estate is outside of Arizona, you should definitely contact a probate attorney in the state where your mother lived.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more
  2. James P. Frederick

    Contributor Level 20


    Lawyers agree

    Answered . You need to have the entire situation reviewed by a probate attorney in the state where your mother and stepfather resided, at the time of death. The title to their assets as well as the presence of any estate planning documents will dictate the answer to your questions.

    I am very sorry for your losses.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  3. Donald Joseph Quinn II

    Contributor Level 15


    Lawyers agree

    Answered . Depending on how the property was titled when your mom died, you may have to open a probate estate to clear title in the real property in the state where the property is located even if it is different from where they resided when they died. An experienced probate atty can help you on this matter. Good luck.

    Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of... more

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