Legal Question in Real Estate Law in Arizona

Re: Joint Tenancy

Depending on the circumstances, there may be a way for your mother to recover her property.

I would need to know whether your sister paid or gave your mother anything for the half interest in your mother's property, whether your mother intended to permanently transfer the property to your sister at the time, and whether your mother knew what she was doing when she did it. From the information given, it sounds as if your mother thought she was reserving a right to take your sister's name back off the property when she felt better.

You or your mother may call or email me if she would like to discuss this.

Re: Joint Tenancy

When you put another person in joint tenancy, you have made a gift to that person, and you can't take it back. Your sister could convey the interest back to her mother, but your question indicates that she will not agree to do so. I believe that your Mom may have a malpractice claim against the attorney who advised her that she could take it back at any time (that would have been the case if she made a "beneficiary deed"). If she wanted your sister to have the property, outside of probate, upon her death, the attorney should have advised her to make a beneficiary deed, just to avoid the circumstances which prevail now.

Your Mom could also seek to partition the property so that the sister does not get it all.