questions & answers

Question: My mother passed and she has had livestock which she paid the pasture fees and a vehicle she paid for. The problem is the vehicle is in my brothers name and she had him care for animals when she was not able to. Now, are the property now his or should it be probated to all the living children.

Answer: With respect to the vehicle, in Arizona, transfer of title to a motor vehicle between two parties, is a complete and final change of vehicle ownership. (See Motor Vehicles Website http://azdot.gov/mvd/VehicleServices) With respect to a decedent’s “Estate” (property/assets), unless a written Will specifies the distribution, the county Probate Court, upon a timely request (“Petition”) by the proper individuals will identify all the property/assets in the Estate and divide the Estate among the heirs according to specific formulas and rules established in Arizona’s probate code [A.R.S. Title 14, Chapter 2 Intestate Succession and Wills] To find out how the law applies to your specific situation, you may want to consult with an attorney directly.