Monroe Township, NJ asked in Estate Planning and Probate for Arizona

Q: Right of suvivorship

It was under a joint with right of survivorship

and the other person deceased.

Does that make the home mine and the contents?

It is a property in White Hills, Arizona

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
Answered
  • Estate Planning Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: If you and the decedent held title to Arizona real property under joint tenancy deed with right of survivorship, the death of the decedent usually means that the real property is yours. A death certificate should be recorded. This does not mean that you own the contents of the home. The decedent's estate planning documents will control who inherits these items. If there are no estate planning documents, Arizona law controls.

I recommend that you have your deed reviewed by an Arizona attorney to make sure that it was a properly drafted joint tenancy deed. If these are not done correctly, your rights as a survivor may be impacted. Your attorney can learn more of the facts of your situation and let you know who has a claim to the contents of the home as well as any other assets that may exist.

Marcus N. Seiter agrees with this answer

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