Anaheim, CA asked in Probate for Arizona

Q: My mom in stepdad owned a house as joints tenants. My mom died 6 months before my stepdad.

I am an only child and my stepdad has only one son. There was no will or other documents that can be located. Am I entitled 50 percent? Thank you

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2 Lawyer Answers
Ryan K Hodges
Ryan K Hodges
Answered
  • Probate Lawyer
  • Mesa, AZ
  • Licensed in Arizona

A: If a house in owned as joint tenants with rights of survivorship, then the surviving joint owner becomes the sole owner upon the death of the other joint owner. Thus, your step-dad would be the sole owner when he died, and the house would pass according to his estate plan, and if none, then to his heirs as determined by the laws where he lives. So short answer is that you are probable not entitled to 50% of the house.

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in Arizona

A: You need to have the deed reviewed by an attorney. It depends on the wording. If the joint tenancy was with right of survivorship, then when your mom dad the property automatically became owned 100% by your dad. If it was without right of survivorship, then there is a 50% interest that needs to be probated as part of your mom's estate.

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