Legal Question in Real Estate Law in Arizona

property title deed

I presently hold title to an AZ home as tenants in common being 20% to me and 80% my husband. In our will (which is probably invalid since its not notarized) we will leave both shares to each other upon death. Will these wishes be honored since the title states tenants in common which usually has no survivorship rights??


Asked on 5/13/09, 1:54 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: property title deed

You have correctly identified the problems and that your wishes (testamentary goals) are not likely to be carried out under the circumstances described. You could transfer the property to yourselves as joint tenants with right of survivorship or you could make and execute valid Wills, so that upon the passing of the first spouse, the entire ownership of the property will go to the surviving spouse.

I would point out to you that it is even more important to address the issues facing you during your lifetimes, and what will happen if you and your husband decide to sell the property before one of you passes.

It would certainly be in your best interests to sit down with me for a consultation and learn about the alternatives available to you and how to set things up so that you are both protected now, and in case one or both of you are incapacitated.

Read more
Answered on 5/13/09, 2:13 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Arizona