QUESTION

Does the property still belong to the deceased if it is still on his name 7 years after death?

Asked on Jun 12th, 2013 on Estate Planning - California
More details to this question:
The son has no legal interest in property (no other living heirs left) & the son has no financial responsibility to the property and hasn't even attempted to transfer ownership, left house for abandonment. Can you direct me where to find that in Arizona statute or something (research)? I need some kind of backing to support my theory of thought.
Report Abuse

5 ANSWERS

Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
Update Your Profile
Yes, you should consult with a Arizona real estate attorney for the answers you are looking for.
Answered on Jun 14th, 2013 at 6:24 AM

Report Abuse
So this is an Arizona question. Real property is always governed by the law of the state where the real property is. Under Oregon law, a decedent really can't own anything; the devisees under the will, or heirs at law, own the property as of the moment of the decedent's death, *subject to the proper administration of the estate,* including the rights of creditors. You say there are no other heirs left now; but what about 7 years ago? Were there other heirs then? Maybe they inherited, and their heirs might be entitled to a share.
Answered on Jun 14th, 2013 at 6:24 AM

Report Abuse
Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
Update Your Profile
It is not clear what your theory is. There is no duty to probate an estate. Failure to do so does not constitute "abandonment" of the estate. It is not clear what your relationship is to the decedent, if any. I think your only hope is to review this with an attorney. If there is a Will that mentions you, you have a better chance. If not, you will likely need to let this go.
Answered on Jun 14th, 2013 at 6:24 AM

Report Abuse
You can go to the state of Arizona web site and look through the state statutes. You could also call the Arizona Supreme Court and see if they have some type of attorney referral service to get a telephone consultation with an Arizona licensed attorney.
Answered on Jun 13th, 2013 at 12:35 PM

Report Abuse
Probate Attorney serving Roseville, CA
Partner at James Law Group
2 Awards
Look at adverse possession laws in Arizona. There are certain criteria that need to be met, and if you have not been living in the property it is unlikely that you will be able to meet the criteria.
Answered on Jun 13th, 2013 at 10:42 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters