Legal Question in Wills and Trusts in Arizona

RE: Transfer property w/o will

For over 30 years our family has not left wills. Property is transferred in this manner:

2 people on deed, one dies, a ''deed of release and conveyance'' is issued; and next family member is put on deed via ''joint tenancy warranty deed''. Then the elder of those 2 people die, the same process is followed as described above. Our family has been using this method for generations.

Now, I am left and have the property in only my name as my son who was on with me recently died. Am waiting on the new deed of release from Pima county AZ. I would like to put my niece who lives out of the country on the new JTWD. Because she lives and works in the Cayman Islands do I need to have an executor ? Can I have an exec without a will?

The JTWD specifies not as tenants in common & not as community property estate, but as joint tenants w/ rights of survivorship.

Does this make a difference in your answers?


Asked on 10/24/08, 3:10 pm

1 Answer from Attorneys
Brian Blum Blum Law Office, PLC

Re: RE: Transfer property w/o will

The right of survivorship does not change my previous answer. In fact, I had assumed that you were using the right of survivorship in your scheme because if you had done tenants in common, it wouldn't have worked at all.

As I suggested when you asked this question the other day; You are playing with fire here.

Read more
Answered on 10/24/08, 3:29 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Arizona