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Beneficiary deed

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sscrip

Junior Member
What is the name of your state (only U.S. law)? Arizona
My mom passed away last month. She had no real property other than her home which has two mortgages on it. I have already paid monthly payments on both. I got a letter from one of the banks asking for a copy of the notice to creditors. I'm not sure what that is or what I need to do. I am assuming I need to notify all known creditors that she has passed. Do I need to do that by registered mail or do I put an ad in the paper? Please help. I have been devestated by the loss of my mom. She had a beneficiary deed that has been registered in Maricopa county, which names me as the beneficiary. Her will names me as executer, and it is witnessed by two of her neighbors, but it is not notorized.
 


FlyingRon

Senior Member
First off, you're not the executor (actually Arizona calls it the "personal representative") until you petition to open probate and are designated such. All known creditors (including these mortgagees) are required to be notified by mail(regular mail is fine, though many will use certified mail to show they have proof that it was sent). The personal representative must also make notice in a newspaper in most cases.

Are there other heirs?

Is there equity in the house? Why do you want it? While you aren't responsible for the mortgages, if you want to keep the property you'll have to pay them.
 

sscrip

Junior Member
I have lived in the house and taken care of her since 2007. I want to stay here because it is close to work and I feel close to mom here. Mom lived of SS and I helped her pay bills. She really had no outstanding debt other than a small medical bill (150) and she owed another $110 dollars. I have paid both of those bills out of pocket.She left the house to me via a beneficiery deed that was registed in the county which we live prior to her passing. I have two brothers, one whom unfortunately is a drug addict. Her will instructs me to give both my brothers certain personal property. I have given my eldest brother everything she bequeathed to him, and some things he wanted to remember her by. He told her he didnt want the house and to leave it to me, hence the beneficiary deed. I have not been able to locate my other brother, The addict, as he was evicted from his last residence and never informed us. When mom did the beneficiary deed, she was under the impression that it negates the need for probate. The money left in her account was not enough to pay her outstanding debts, which is why I paid them out of pocket. I talked to the bank yesterday and they said that notice to creditors was taken care of when I faxed them the death certificate and the beneficiary deed. My question is this: Do I still need to take out an ad in the paper? As I said I lived with mom for years and helped her with her finances, I am confident that all debts have been taken care.
 

sscrip

Junior Member
I want to do this the right way but there is no instruction manual.

The house was moms only asset and it passed to me through beneficiary deed. County website says probate is not needed. I have notified all known creditors of her passing and paid any known debt. I plan to put a notice in the paper notifying creditors, but am unsure of the wording. Any help would be great.
I also need to know what paper to put it in. Can it be a state paper? or does it need to be national. We have lived here since 1975, so I cant imagine any out of state debt, but I would like to cover my bases.
 

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