If my late father and I owned a home together as JTWROS, do the furnishings and belongings convey to me with the house or would they fall under the terms of his Will?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my late father and I owned a home together as JTWROS, do the furnishings and belongings convey to me with the house or would they fall under the terms of his Will?

He recently passed away.

Asked on November 25, 2012 under Estate Planning, Arizona

Answers:

Victor Waid / Law Office of Victor Waid

Answered 10 years ago | Contributor

Previous answer of legal counsel is correct, real property passes to you by joint tneancy survivorship, and personal property passes by the will, or intestate administration.

Catherine Blackburn / Blackburn Law Firm

Answered 11 years ago | Contributor

Only real property is controlled by the joint and survivorship deed.  While the real property passes to the joint owner as a matter of law and outside any estate, personal property is not controlled by the deed.  As you suspected, the personal property will pass according to your father's will.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption