Legal Question in Wills and Trusts in Arizona

Re: Deed of Trust

The Deed of Trust was a new instrument which could have listed the two men as joint tenants with right of survivorship as beneficiaries, but it apparently did not, and only listed them both as beneficiaries. Therefore, they held the interest in the note as tenants in common, each holding a one-half interest. Your father-in-law's interest goes to his estate. If he had no will, it goes to his heirs at law. If he lived in Arizona, his heirs would be, first, his surviving spouse if applicable, then his children if no surviving spouse. If no surviving spouse, and your husband is the sole child, he would be the sole heir.

The process to collect the assets of the estate will depend upon the other assets in the estate and their value. It could be that it can be done by an affidavit of collection procedure, or possibly a probate. More facts are needed to analyze this case which are not before me. I have analyzed this case only upon the facts you state, and have not examined the pertinent documents myself, which is really necessary to give a firm and professional opinion.

We offer free, no obligation consultations at 480.835.1500 to evaluate cases with an opportunity to review all the pertinent facts and see what would need to be done. You are welcome to take advantage of this.

Best regards,

James D. Jenkins