Legal Question in Wills and Trusts in Arizona

My friend and myself have bought vehicles and a home together. Please advise how we should title the home and vehicles so that our children would get equal share if we should pass away. We do not completely understand Az title laws. We both have wills.


Asked on 9/29/10, 5:02 am

1 Answer from Attorneys

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

If you both have valid Wills, your Will determines who will inherit your property, both personal property and real property. How you hold title determines your interest in those properties. You should NOT hold title as joint tenants, you should hold title as tenants in common, with each person named with the additional language that says you are a single person and dealing with your sole and separate property.

It is more important that you take action to protect each other during your lifetime, and that you take care now to avoid any fighting between your respective children and the survivor of you and your friend. You should have a cohabitation agreement which covers your incomes, how you pay expenses, and what would happen in the event that you no longer cohabitate and/or go your separate ways. You should also have powers of attorney so that someone you pick and trust can step in and act on your behalf to deal with medical and health care issues, and to pay your bills, collect your income, make claims on your behalf, etc. etc..

Please consult with an attorney and protect yourself and your friend, as many things can happen without someone passing away.

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Answered on 10/04/10, 7:25 am


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