questions & answers

Question: My grandmother passed away 08/04/15, She had a living will and trust naming my mother and Uncle as the beneficiaries of her house. The house is paid off and the deed was never transferred into my uncle or mother's name. Now,my mother passed on 09/14/15. My mother did not have a will or trust. My uncle does not want the house and wants to leave it to me; but, my sibling,my mom's only son, says he is entitled to a third of the house?is this true or is my Uncle the sole owner of the house? The house is valued under $50,000

Answer:

The Trustee of your grandmother's living trust is obligated to promptly distribute to beneficiaries, but delays, other than extremely lengthy delays, do not generally invalidate the terms of the Living Trust; in other words, your uncle and your mother's estate should remain entitled to share the property value, 50-50.  Because your mother died “intestate” (without a Will) the county Probate Court must allocate her assets according to formal distribution rules, which includes equal distribution between your mother's two children—you and your brother.  (BTW: From a mathematical standpoint, after your uncle transfers his half of the property value to you, and you receive one-half of your mother's share via the Probate Court, you should ultimately be entitled to three-fourths of the property value ($37,500); your brother should receive one-quarter ($12,500).) (A.R.S Title 14, Chapter 2, Article1)