Los Angeles, CA asked in Estate Planning and Probate for Arizona

Q: My dad died w/no will. He was divorced, and got house but never had ex's name rmvd. Does she get house now?

The deed is a joint tenancy with rights of survivorship. His ex wife never had her name removed from deed. So would the house automatically still go to her?

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2 Lawyer Answers
Peter H. Westby
Peter H. Westby
Answered
  • Estate Planning Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: It should not go to the ex wife because of the divorce decree and because the divorce automatically terminated her right of survivorship under Arizona law. But she is now in a position to possibly take advantage. I recommend contacting a probate attorney immediately to take action to protect this home.

Jay Hall and Nina Whitehurst agree with this answer

Ilene L McCauley
Ilene L McCauley
Answered
  • Estate Planning Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: I certainly agree with Attorney Westby. However I also recommend that you contact your father's divorce attorney to get a copy of the Decree of Dissolution. That is the best way to know, if the ex-wife's rights were terminated pursuant to the Decree. Then work with the divorce attorney and the probate attorney to insure the court orders are carried out properly.

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