FAMILY REAL ESTATE ARTICLES
Beneficiary Deed Can Only be Used by a Natural Person
Question: My mother is the trustee of her revocable living trust (“RLT”), with me as the sole beneficiary. The only asset in the RLT is my mother’s Sun City home. My mother wants to simplify things and record a beneficiary deed to me for her home, which beneficiary deed will not be effective until her death. Can my mother, as the trustee of her RLT, execute a beneficiary deed to me? Answer: No. The Arizona Court of Appeals has ruled that a beneficiary deed is only valid upon the death of a “natural person” who owned the real property. 238…
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After Father Deeds Home to Mother, the Mortgage Lender Cannot Require Payment of Entire Mortgage
Question: Four years ago my mom and dad, who are in their 70s, bought a nice home in Wickenburg with a $420,000 mortgage. They recently separated for whatever reason, and my dad deeded the Wickenburg home to my mother. Although my mother is current on the mortgage payments, my mother is now worried that the mortgage lender will require payment of the entire $420,000 mortgage. Can the mortgage lender do that? Answer: Probably not. Although your mother’s mortgage probably has a “due on sale” clause, which requires that the entire mortgage be paid when there is any transfer of the…
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Spouse Has Lien on Property for Community Payment
Question: I purchased a home in Payson when I was single with a $20,000 down payment. The deed to the home even says “a single man.” I was married six months later. All of the monthly mortgage payments and repair costs since our marriage have been made from our family checking account. After eight years of marriage, my wife moved out and filed for divorce. She said that her divorce attorney told her that she has a lien on our home, although her name has never been on the deed. Does my wife have a lien on our home that…
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Without A Revocable Trust, A Probate Will Be Necessary
Question: My wife and I have lived in California our entire lives. My wife recently passed away. Although I want to keep our home in California, I would like to buy a second home in North Phoenix. Should I buy the home in North Phoenix with some type of trust? Answer: Probably. You should contact an attorney who specializes in Trusts and Estates. In general, if an individual owns a home or other real property in two or more states, a revocable living trust should be considered. The reason is that, if your home or other real property in two…
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Who Gets the Condo, the Husband or the Son?
Question: In the winter months my husband and I live in our Scottsdale condominium. Our deed says “community property with right of survivorship.” I have a son from my first marriage who is attending Arizona State University, and I want my son to have my interest in the Scottsdale condominium after I die. My will and my revocable living trust say that my son is my only beneficiary. When I die will my son inherit my interest in the Scottsdale condominium? My husband does not like my son so I cannot even discuss this issue with him. Answer: No. If…
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Short-Term Rentals Can Adversely Affect Communities
Question: Last week you discussed the comments of a happy owner of a short-term rental home in Peoria that was rented during the six weeks of the baseball spring training season. We are from South Dakota and are not familiar with short-term rentals. Why is there such a controversy about short-term rentals in Arizona? Answer: Prefatory comment: I am reminded of the great WWF wrestler Rowdy Roddy Piper, dressed in his famous kilt, yelling back at an angry, booing crowd, and saying, “Just when you think you know all the answers, I change the questions!” RIP Roddy. Arizona was the…
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Real Estate Agent Experienced With Neighborhood Needed
Question: My husband and I want to sell our Flagstaff home, which has appreciated significantly in value. My sister-in-law is a real estate agent in Prescott and has offered to list our Flagstaff home on MLS for a 4% commission, with only a 1% commission to her as the listing agent and a 3% commission to the buyer’s agent. I would like, however, to hire a good Flagstaff real estate agent. My husband says that the buyer’s agent, not the listing agent, has to do all of the work regarding inspections, financing, etc., and he wants his sister to get…
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Recent Power Of Attorney May Not Revoke Earlier One
Question: Our mother is in her 80s, and we recently moved her from her Sun City home to an assisted living facility. My younger brother has always been a problem for the family, and for the last three years he has lived with our mother. I have a power of attorney from our mother that she signed in 2016. We are in escrow now to sell her Sun City home under our 2016 power of attorney. At a recent family meeting to agree on what to do with the proceeds of the sale of our mother’s home, my younger brother…
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