Legal Question in Wills and Trusts in Arizona

Re: Joint Tenancy-Beneficiary Deed

The information you have provided is confusing. If the property is owned by your father alone, he can make a beneficiary deed to you and your brother. Such a deed does not require or provide for you or anyone else to sign, and it is not filed with the court. Deeds are recorded in the county where the property is located. If the property is owned as joint tenants with right of survivorship, she will become the sole owner automatically, by operation of law, and there is no reason for her to join in the making (or sign) the beneficiary deed. When your dad passes away, the property is conveyed as I said above, automatically and no person can "anul" or interfere with the conveyance.

Re: Joint Tenancy-Beneficiary Deed

I believe that you need to have your documents reviewed by an estate attorney. I am not sure what you mean by a "beneficiary deed-joint tenancy."

It is always dangerous to give an opinion on the state of documents based on a layman's interpretation of what he has or does not have. Best to see the documents themselves. I can never give a complete and accurate opinion on documents without seeing the documents themselves.

Hope this helps. Get this reviewed and put in order. Deeds, beneficiary deeds, joint tenancy, trusts, wills, powers of attorney, etc. can cause immense problems if not done properly to fit the exact circumstances, and if not worded properly. And I am wondering if a trust might suit your father's needs better.

Best wishes,

James D. Jenkins

Mesa, Arizona