Legal Question in Wills and Trusts in Arizona

Re: Property Ownership and wills

Thank you for your inquiry. Joint tenancy generally implies survivorship. In addition, any property that passes by joint tenancy avoids probate, and does not pass according to a will. This means that you and your sister are entitled to share in half of the "probate estate" (anything that does pass according to the will).

Whether or not your uncle "pulled a fast one" depends on whether he had the authority to convey her property to himself (e.g. under a valid power of attorney), or whether she had the capacity to make the transfer herself. It might help if you could actually see a copy of the deed making the transfer.

If you believe that improper action has occurred, the best idea is to contact a probate attorney in the county where your grandmother died or where the property was located.

I hope this information is helpful.

Re: Property Ownership and wills

Consultation with a real estate or probate attorney in your town would be most valuable right now in finding the answers to your questions.

Your uncle may be guilty of exerting undue influence, or this may have been her idea alone. Whether the deed is dated prior to or after the will is important information. If prior to the will, and she was in possession of her normal faculities, you may have a difficult case; if subsequent to the will, things may be different. Make an appointment; initial consultations/case evaluations are usually done at no cost - ask first.