Legal Question in Wills and Trusts in Arizona
John and Helen met and are unmarried. They bought a house together and titled it John OR Helen. Both were married and their spouses died and they both had children. John died and in his will Helen has the house a living estate and upon her death the John's children will get 1/2 of the house. Helen now is stating she has full ownership of the house and upon her death her children will get all the house proceeds when it is sold. What can John's children do up obtain their 1/2 interest in the house?
1 Answer from Attorneys
It sounds like John and Helen created a "tenancy in common," each owning an undivided one-half, but subject to a life estate in the other if one died. That cannot be adequately determined without a complete review of the deed and documentation by an attorney. If true, John's estate gets one-half the house after Helen's death.
This may be an example of awkward results when laymen attempt do-it-yourself estate planning, causing controversy and extra legal fees and hassle for their heirs. See an attorney to review the documents to get a proper opinion.
Disclaimer: This is general educational information submitted in response to an anonymous posting. It is not intended to be specific legal advice in any particular case or to create an attorney-client relationship. Consult an attorney for specific legal advice.
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