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Mom dies without will in AZ- no husband- six daughters
- Thread starter kip.duff
- Start date
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Was AZ her state of legal residence, or did she happen to be in AZ when she died, but she actually lived elsewhere?
Mom dies in AZ continued- full text
Sorry to responders- for some reason, the text of my post did not show up in original post. Here is the text I intended to put in the original post:
A friend of mine living in California has a mother who is dying in Chandler, Arizona, about 400 miles away. She will probably not regain consciousness, and has no will. As far as my friend knows, there is not much estate value other than a mobile home, which is owned outright and solely by the mother, and is worth about $40,000. There are a total of 6 daughters, of which my friend is one. The mother's husband (and father of all six daughters) died about 2 years ago at that home- no new husband. One of the daughters has been living in the mobile home with her mother on and off for about 8 years, and has been paying rent. That daughter (who is a cancer survivor) claims that she intends take the mobile home, and some of the other daughters are agreeing to let her have it. My friend wants to have one sixth of her mother's estate value because she believes that it is her legal right. My friend is worried that she will not receive her proper portion of the estate because it seems her sister(s) may be trying to deprive her of her inheritance. What is her inheritance? How should she proceed to protect whatever inheritance rights she has? Thanks in advance....
Sorry to responders- for some reason, the text of my post did not show up in original post. Here is the text I intended to put in the original post:
A friend of mine living in California has a mother who is dying in Chandler, Arizona, about 400 miles away. She will probably not regain consciousness, and has no will. As far as my friend knows, there is not much estate value other than a mobile home, which is owned outright and solely by the mother, and is worth about $40,000. There are a total of 6 daughters, of which my friend is one. The mother's husband (and father of all six daughters) died about 2 years ago at that home- no new husband. One of the daughters has been living in the mobile home with her mother on and off for about 8 years, and has been paying rent. That daughter (who is a cancer survivor) claims that she intends take the mobile home, and some of the other daughters are agreeing to let her have it. My friend wants to have one sixth of her mother's estate value because she believes that it is her legal right. My friend is worried that she will not receive her proper portion of the estate because it seems her sister(s) may be trying to deprive her of her inheritance. What is her inheritance? How should she proceed to protect whatever inheritance rights she has? Thanks in advance....
tranquility
Senior Member
After mom's death she can be the one to open probate.
Silverplum
Senior Member
"Children
If there is no surviving spouse, Arizona law first gives the intestate estate to the decedent’s children in equal shares. If a child is born after a parent dies, Arizona law considers that child to be an “after-born heir,” provided the child lives at least 120 hours after birth. A child remains a legal heir even if his parents never legally married. Legally adopted children are treated as heirs of the adopting parents, not of their biological parents."
http://info.legalzoom.com/arizona-intestacy-laws-distribution-20904.html
LdiJ
Senior Member
Lets be a little bit realistic here. 40k divided by 6 is 6667.00/
The cost of forcing the other 5 sisters to sell the house and divide the proceeds could easily cost way more than 6667.00.
On top of that, the house may be forced into sale to pay for her mothers final medical expenses...there may not be any estate after her mother's debts are paid off.
LdIj:
You brought up some good points- and the points you brought up lead important questions; and to a degree, back to my original question. How is the value of the estate (negative or positive) determined; and who determines it?
In my original post, I wanted to find out how to proceed in a (possibly hypothetical) case where there is estate value after costs- and I still am trying to figure that out. Your post seems to imply that there is some sort of legal inertia in favor of the sister that was residing there when her mom was alive, and is living there at this moment. That was one of the reasons why I included that info- to see if that's the case. The writing in the rest of this paragraph is based on the hypothetical assumption that there is positive estate value. Thanks to poster "Silverplum", the info I have at this point is that one sixth of the value of her mom's estate (whatever that may be), belongs to my friend. Any sister wishing to donate their share of the estate to the sister residing there is may do that. It appears to me that he only entity that can donate the value of my friend's share of the estate to her sister is my friend. I don't understand the reference to a "costly forced sale". Seems to me, the sister wishing to solely own the mobile home must compensate any other inheritor(s), based on one sixth of a reasonable determination of its value. At this point, until certain processes are completed, the only person that owns the mobile home is a deceased person.
Tranquility:
Much thanks. I will research "open probate" process.
Also, I am going to contact the Coroner's Office in the area with jurisdiction.
Much thanks. Any additional responses/info appreciated.
You brought up some good points- and the points you brought up lead important questions; and to a degree, back to my original question. How is the value of the estate (negative or positive) determined; and who determines it?
In my original post, I wanted to find out how to proceed in a (possibly hypothetical) case where there is estate value after costs- and I still am trying to figure that out. Your post seems to imply that there is some sort of legal inertia in favor of the sister that was residing there when her mom was alive, and is living there at this moment. That was one of the reasons why I included that info- to see if that's the case. The writing in the rest of this paragraph is based on the hypothetical assumption that there is positive estate value. Thanks to poster "Silverplum", the info I have at this point is that one sixth of the value of her mom's estate (whatever that may be), belongs to my friend. Any sister wishing to donate their share of the estate to the sister residing there is may do that. It appears to me that he only entity that can donate the value of my friend's share of the estate to her sister is my friend. I don't understand the reference to a "costly forced sale". Seems to me, the sister wishing to solely own the mobile home must compensate any other inheritor(s), based on one sixth of a reasonable determination of its value. At this point, until certain processes are completed, the only person that owns the mobile home is a deceased person.
Tranquility:
Much thanks. I will research "open probate" process.
Also, I am going to contact the Coroner's Office in the area with jurisdiction.
Much thanks. Any additional responses/info appreciated.
Zigner
Senior Member, Non-Attorney
Why should you receive further responses to a (possibly hypothetical) scenario?
Usually, whoever is appointed by the court to administer the probate estate.
The resident sister only has to compensate any other heirs not willing to gift their interests to the resident sister. And nothing says that the resident sister has to buy your friend's 1/6 interest.
Do a search using terms like: Arizona probate process
Arizona also has an affidavit process for small estates.
Coroner's Office?
Who is covering the medical bills? If medicaid is involved, then they will do an estate recovery once mom passes, require the sale of the home and use those funds to recoup a [most likely] small portion of the funds they expended paying for the medical care.
It's highly unlikely there will be any remaining funds or non-liquidated assets available for the six daughters to split once funeral and medical expenses have been paid.
Anteater:
How is the administrator of probate designated?
Also, could you clarify: "The resident sister only has to compensate any other heirs not willing to gift their interests to the resident sister. And nothing says that the resident sister has to buy your friend's 1/6 interest." What's the difference between "compensating" and "buying 1/6th interest"?
I am currently looking up Arizona probate process
Thanks**************.....
How is the administrator of probate designated?
Also, could you clarify: "The resident sister only has to compensate any other heirs not willing to gift their interests to the resident sister. And nothing says that the resident sister has to buy your friend's 1/6 interest." What's the difference between "compensating" and "buying 1/6th interest"?
I am currently looking up Arizona probate process
Thanks**************.....
Zigner
Senior Member, Non-Attorney
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