They are always responsive and helpful. Ryan was very understanding and professional and was very knowledgeable he took time to answer all my questions. On behalf of my family , We want to thank Ryan Hodges and his team for getting us through this terrible situation. Notary Public My commission expires: Blank form â¦ Ryan Hodges was very professional and courteous as he helped me navigate the probate and estate process involving the sudden death of my son. The exact steps depend on the type of property, but generally allthe new owner has to do is fill out a straightâ¦ See sections 63-301 to 63-306, A.C.A. The language in the Deed to create a JTWROS needs to include specific language in the granting portion requiring vesting to be as JTWROS. which is dated . Itâs a common misconception that a joint tenant with right of survivorship automatically inherits the decedentâs debt when taking over the property. For example, if there were two joint tenants, each with a 50-percent share of the real estate, the surviving joint tenant becomes the sole owner. We retained Ryan Hodges to do some work for us on my mom's estate. As of July 20, 1996, the Arizona legislature effectively abolished the requirement of the "straw deed" and the necessity of joint tenants to all take their interest at the same time. He is very easy to talk with and very supportive. Slipping a joint tenancy clause into a deed could deprive an unknowing spouse of community property rights. Weâre from the Philippines and he helped me and my brother experience what American dream is. Due to the restrictions brought about from Covid-19, this process had to be handled remotely & Ryan made sure everything went smoothly. This firm handled several different tasks for me on behalf of my parents. Can Executors Sell Property Without All Beneficiaries Approving? The rules and definitions are set forth at Section 33-431 of the Arizona Revised Statutes. Ryan Hodges is personable and professional and did an extremely efficient job processing a large amount of court documents for a very reasonable fee.Thank you again! Prior to meeting Colton in person he was the one person who actually took the time to listen to my story with compassion and empathy. He is very understanding, committed and he did not treat me like a"just a client.... he treated me with respect and understanding of what I was going through. I Googled probate attorneys and found a couple that I contacted. A more proper way of transferring joint tenancy property is to record an Affidavit of Death. AFFIDAVIT ACCEPTANCE OF JOINT TENANCY. This form of joint property ownership requires that each party have an equal share. Probate is only avoided for a transfer between a deceased joint tenant and the surviving joint tenants. . I had just moved to New Mexico and didnât know anyone so I asked around and a family member recommended me to give them a call, so I did. It is that second element â the right of survivorship â that most distinguishes joint tenancy. One wanted $6500 and the other didn't return my call at all. The heirs of the last surviving joint tenant must probate the property to change title from the last surviving joint tenant's name to their names. Stat. For long-term peace of mind, contact us to set up a consultation today. I just need the statute. Seriously. Unity of title: All co-owners need to assume the title by the same âinstrumentâ (a document that transfers property), such as a will or deed. I would like to thank the office of JacksonWhite especially attorney Ryan Hodge for his professionalism and for helping me with my case in such a quick and timely manner. I highly recommend them! Thank you Ryan for helping during a challenging time. Search by Keyword or Citation; Search by Keyword or Citation. I worked with Nermana & her team on my recent divorce. Ryan was easy to work with and made this process very simple. Ryan Hodges at Jackson White Law Firm made the probate/estate process for my late husband much less scary than I had anticipated it would be (due to my lack of previous knowledge of how the process works - fear of the unknown!). The estate is now settled and I couldn't be happier with how smoothly the process went with Mr Hodges overseeing it all. Even if the estate is insolvent, none of the decedentâs debts, liabilities, or bills would transfer with the property. Before deciding on title when purchasing real estate with others, each person should consult with a lawyer to find out what form of title best suit their needs. Quit to Joint Tenancy: This form is used by a Grantor of a parcel of land, when he/she gives and/or sells his/her interest in said property, to the Grantees as Joint Tenants, with the right of survivorship. A certified copy of the Certificate of Death of decedent together with an Estate Tax Waiver from the Arizona Department of Revenue affecting said property is attached hereto. By skipping probate, the decedentâs share of the property would not be included in their estate, meaning it would lower their risk of qualifying for estate taxes. They both respond quickly to messages and are non judgmental. My initial cold call with Ryan was informative and trustworthy. Legal advice on Tenancy in common in Arizona 3 ... My sister and my mom are joint tenants on a property in tucson az she has been paying the mortgage for 8 years does this give her any special rights. If there were three joint tenants, each with a 33 1/3-percent share of the real estate, the two surviving joint tenants acquire an equal share of the deceased's interest and remain joint tenants with a 50-percent share each. He was clear in any of explanation of what I needed to do and guided me all the way to the very end. For example, two or more person can take title to real estate as tenants in common with the percentage ownership interest of each person being separate and distinct -- that is, it can be in unequal shares. I would recommend them to anyone who is looking for a trustworthy and professional law firm. Thank you! Even though this is â¦ Highly recommended. Ryan Hodges was very helpful and returned emails promptly. Code § 682.1: Idaho "community property with right of survivorship" Idaho Code § 15-6-401: Nevada "community property with right of survivorship" Nev. Rev. For married couples, Arizona law requires a written statement of their intent to take title to real estate as joint tenants with the right of survivorship; otherwise the real estate is presumed held as community property. When one joint owner (called a joint tenant, though it has nothingto do with renting) dies, the surviving owners automatically get thedeceased owner's share of the joint tenancy property. Pace Rawlins is a great man. Arizona adopted a new form of title called community property with right of survivorship. Adding a right of survivorship designation to joint tenancy (abbreviated as JTWROS) is typically favored by married couples and family members because it simplifies the transfer of ownership when a co-owner dies. Unity of interest: All co-owners need to hold an equal share of the property. 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