Legal Question in Real Estate Law in Arizona

Re: deed

Under the common law, a joint tenancy was created when the joint tenants had unity of time, title and instrument. In layman's language, the joint tenants had to all own an equal share, get title in the same instrument at the same time.

Therefore, when one person who had title wanted to place the title in joint tenancy with himself and another person, the archaic procedure used was to have the owner deed the property to a "straw man," who would then immediately deed it to the two "new" owners as joint tenants with right of survivorship. Secretaries who were single were traditionally used as the straw person, since if they were married a disclaimer deed from the husband would be required. Hopefully the secretary had no judgments, tax liens, etc. outstanding.

This procedure is no longer needed in Arizona since we have a statute allowing the transformation of title to an additional owner as a joint tenant without the use of a straw man.

My concern for your mother is twofold. First, is she getting the most up-to-date estate planning advice, if the office is recommending a straw man transaction? Second, was she given the option of a beneficiary deed, which is a much better tool for survivorship that is automatic and needs no probate than placing in joint tenancy?

If you want a free, no obligation consultation in person or by phone to get more information on the options, or if you want a free copy of my audio CD "Your Estate Plan" call 480.835.1500.

Best regards,

James D. Jenkins