Losing Spouse/Parent

questions & answers

Question: my mother recently passed aay. her real estate deed has a joint tenancy w/ rights of survivorship, naming my aunt. my mothers wishes were that the home be sold and proceds devided between my sister and myself..i have lived and cared for my mother for the past 4 years, paying taxes, utilities and so forth. can my aunt list the house for sale at such a high dollar amount, that will never even be considered by buyers? can she make me move ( I am disabled ) when I have nowhere, and not enough income to purchase another dwelling? she (aunt) has already removed all of my mothers personal belongings (clothing,jewelry, cash car I don't understand please advise me, I don't know what to do. thank you so very much

Answer:

When property is held in the form known as “Joint tenancy with rights of survivorship”, ownership of property is wholly and automatically transferred to the surviving joint tenant/co-owner. 

 

However, the “Joint Tenancy” ONLY applies to the REAL Property—NOT any personal property such as clothing, jewelry, cash, cars.  These items must pass to the heirs or devisees of the deceased, whether or not there is a Last Will, through the Probate Courts.  If the deceased’s personal property was taken by anyone without court authority, such as a Probate Court-appointed Personal Representative for the deceased’s estate, law enforcement can be contacted.

Comments:

QUESTIONS

  • my mother recently passed aay. her real estate deed has a joint tenancy w/ rights of survivorship, naming my aunt. my mothers wishes were that the home be sold and proceds devided between my sister and myself..i have lived and cared for my mother for the past 4 years, paying taxes, utilities and so forth. can my aunt list the house for sale at such a high dollar amount, that will never even be considered by buyers? can she make me move ( I am disabled ) when I have nowhere, and not enough income to purchase another dwelling? she (aunt) has already removed all of my mothers personal belongings (clothing,jewelry, cash car I don't understand please advise me, I don't know what to do. thank you so very much

STORIES

  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

  • Welcome to our Newly Redesigned Website! Let us know how we are doing! Please take a couple of minutes to fill out our survey.

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS