Must I sign a disclaimer deed for property devised to my fiance in Arizona?
Full Question:
My husband and other siblings are beneficiary to this estate that was willed to them since the death of the owner my husband has been paying the taxes on this property. All maintenance of any kind has been solely out of his pocket , we just got married, and I am being asked to sign a disclaimers deed , but yet any other that have married into the family have not been asked to sign anything, where do we stand from your professional point of view?
09/27/2009 |
Category: Real Property |
State: Arizona |
#18811
Answer:
A disclaimer deed is a deed in which a spouse disclaims any interest in the real property acquired by the other spouse. This becomes an issue in community property states such as Arizona. A mortgage company often asks a borrower to sign a disclaimer deed so that his spouse not having her name on the loan, cannot claim any interest in the property. This is common when property is acquired as a devise in a will.
Expenses paid on behalf of a probated estate may be reinbursed by the court, upon petition of the person who made those payments. A petition may be brought to the court who probated the will and/or estate of the deceased.