What to do if my mother died recently without a Will and everything she owned was in both hers and my father’s names?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my mother died recently without a Will and everything she owned was in both hers and my father’s names?

They have 2 houses one is paid for the other they are paying on. She has 2 credit cards she owes on. One is hers in her name only the other I am an authorized user on. Will my father or I be responsible for these credit card bills and could they possibly make him sell either of his houses to pay these bills?

Asked on June 22, 2013 under Estate Planning, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

In Arizona, if a married person dies without a will, everything goes to the spouse.  Your father will inherit everything (incumbered as it is).  The houses should be put in his name only.  The debts will go to him as well.  He will be responsible for whatever debts your mother incurred on the account on which you are also an authorized user.  The only way your father might be made to sell a house is if a credit card company were to get a judgment against him in court and then place a lien on the second property (whichever one he is not living in).  Your father should meet with an attorney who handles will, trusts and estates to set up a revocable trust so that when he dies, everything will pass to his children without going through probate.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption