Legal Question in Wills and Trusts in Arizona

Property

In my Grandfathers will he leaves his property (house) divided equally between his three adult children. The deed to his house is in his name, deceased wifes name and each of the three adult childrens names. Question- What would be the best way to handle the property (house) for division or porobate purposes? In his name, his name with joint tenancy of three children, or are there any other possible options to best distribute after his death?


Asked on 6/25/02, 2:34 pm

2 Answers from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Property

Thank you for your inquiry. I'm not sure I fully understand the question, but I'll give it my best shot.

1) The deed controls over the will, so depending on how it is written (e.g. survivorship), the will might not affect the transaction.

2) The "distribution" of the property will necessitate the removal of the names of the deceased (both of them).

3) The remaining issue is whether the three survivors should hold title as tenants in common (each owns 1/3 and when he/she dies, his/her share goes to his/her children), or as joint tenants with right of survivorship (all 3 own 100% and when one dies, the survivor(s) keep the property). All three must be in agreement to do joint tenancy, otherwise it will automatically be tenants in common.

If you would like to discuss this matter in greater detail, I would be happy to schedule a free telephonic conference. My number is (480) 792-9770, or you can email me directly at [email protected].

Sincerely,

Monica Donaldson

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Answered on 6/25/02, 2:40 pm
Douglas Barr The Barr Law Firm, P.C.

Re: Property

What state do the parties live and is the property located?

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Answered on 6/25/02, 3:10 pm


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