What to do if my mother died recently without a Will and everything she owned was in both hers and my father’s names?
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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 10 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.
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