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Wiranger
Jan 18, 2006, 01:16 PM
Is there particular wording on Warranty deeds for property purchased jointly by husband and wife in the state of Arizona - so that property transfers to the surviving spouse upon death and NOT into the estate?

LisaB4657
Jan 18, 2006, 01:53 PM
The language to be used is "joint tenants with right of survivorship". Sometimes it is abbreviated as "JTWROS". It is placed after the names of the buyers. It looks like this:

John Doe and Mary Doe, as joint tenants with right of survivorship

Or

John Doe and Mary Doe, JTWROS

Or sometimes

John Doe and Mary Doe, tenants by the entirety.

In some states if it just says "husband and wife" that is sufficient to create the joint tenancy. So the deed may say

John Doe and Mary Doe, husband and wife.

Fr_Chuck
Jan 18, 2006, 02:35 PM
I would always use a 'title company" or an attorney to draw up any deed.

There are forms available from various legal forms companys on the internet that will meet all of each states requirements

www.legalforms.com

Dr D
Jan 19, 2006, 11:13 AM
In AZ you can take title as Joint Tenants With Right Of Survivorship as others have posted. Also you can take title as Community Property With Right Of Survivorship. I believe that the Community Property option has certain tax advantages, such as a step up in the property value. Check with your tax advisor.

bausman
Jan 20, 2006, 07:53 PM
I agree with Fr_Chuck, get an attorney to do the dirty work. However, for some self-enlightenment, deeds are a matter of public record - so find a county in AZ that has online access to the deeds and read a couple to see what they say. It will give you an idea of how they are done.

When I went to sell my first home, I found out that the house I had bought 5 years earlier was never actually owned by me because of a mistake on the deed that the closing attorney had made. Within one hour of calling him, the day before closing, he was in the RMC office with a corrected deed. He was very embarrassed and upset at the mistake that he made.

My point is that if you make a mistake, you'll pay for it big time - if the attorney makes the mistake they will get it fixed fast at no cost to you.

I hope this helps...
Carvel