Legal Question in Wills and Trusts in Arizona
Will/Beneficiary Deed
If a will states that property is to be split 60/40 between two family members but only one family member is listed on the Beneficiary Deed to a property. Do the proceeds of a sale on that property have to be split 60/40?
2 Answers from Attorneys
Re: Will/Beneficiary Deed
The beneficiary on a Beneficiary Deed owns the property upon death of the grantor. The property does not pass by the will to that beneficiary, but by operation of the beneficiary deed.
Having said that, no opinion can be given on your case without a personal examination of the will and the beneficiary deed, and all facts of the case. It sounds like the do-it-yourself approach might have given people the wrong expectation for a bequest. A professional opinion will settle the issue hopefully.
See an estate attorney. We offer free no obligation consultations. For more legal information see our blog at JenkinsLawCenter.blogspot.com
Best regards,
James D. Jenkins
Re: Will/Beneficiary Deed
The beneficiary deed transfers title to the property outside of the Will, and therefore, is not divided under the Will. Title transfers to the beneficiary by operation of law.
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