Legal Question in Real Estate Law in Arizona
home ownership by survival
My parents added my name to the deed to their house, so I became the sole owner by surviorship.
My brother claims he owns a quarter of the property, because it was written into a will my dad had.
I say dad couldn't leave him what he did not own. Who's right?
1 Answer from Attorneys
Re: home ownership by survival
You are correct. The interest in joint tenancy does not pass by the will. It passes automatically, by operation of law and without any other procedure, to the surviving joint tenant.
Sounds like your parents did some do-it-yourself estate planning, and might not have understood how things would work.
To have clear title, record a death certificate on both parents and an affidavit of survivorship. No probate is needed.
The will governs all assets which do not pass automatically to a beneficiary or joint tenant.
Good luck.
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