Losing Spouse/Parent

questions & answers

Question: My dad passed away in 2009 and my step mother passed in 2014 as far as I can tell my fathers property has been in limbo with my step brother squatting in it? How do I find out if I have any right to my fathers property?

Answer: Current real property ownership is identified in the county Recorder’s office. Through this starting point, you will learn whether the property remains in your father’s name, is in your stepmother’s name since your father’s death or was transferred to someone else e.g., through your stepmother. If the property remains in your father’s name as sole owner, he did not leave a Will, and no one has yet initiated probate proceedings with the county court, you should be able to do so. Eventually, the probate court will determine which of your father’s relatives, including you and your brother, are entitled to a share of the value of his assets, of which the land is part. This website has extensive information to guide someone beginning the probate process and to potential legal assistance. Arizona probate law can be found online (A.R.S. Title 14), self help: https://www.azcourts.gov/probate. Your county court staff should be able to assist you, as well.