Eviction

questions & answers

Question: I was my mother's caregiver since 2011. Mother passed in 2014, Mother left a beneficiary deed to me and brother. Brother has claimed the home and wants to evict me and my daughter.

Answer: Upon the death of the owner, the interest in real property provided by a Beneficiary Deed transfers automatically to the grantees named in the Beneficiary Deed. Two or more named beneficiaries own “undivided” interests in the property at the death of the original owner. This means neither owner has total control of the property. Therefore neither owner can occupy the property nor sell the property without the consent of the other. If the new owners cannot agree on the use of the property, legal counsel is recommended to help reach a mutually acceptable resolution.

QUESTIONS

  • I was my mother's caregiver since 2011. Mother passed in 2014, Mother left a beneficiary deed to me and brother. Brother has claimed the home and wants to evict me and my daughter.

STORIES

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FIND LEGAL HELP

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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