Joint Tenancy Bank Accounts
Do you have a bank account with another person listed as a joint owner? You probably have a joint tenancy bank account. Does that mean that the other owner could empty the account? For that matter, could you? What is a joint tenancy bank account? How do you know if you hold your bank account […]
Automatic Injunction Did Not Prevent Beneficiary Change
When a married person files for a divorce, Arizona law requires issuance of an automatic injunction. The injunction prevents changes in assets or titles until the divorce is resolved. It maintains the status quo while the legal system kicks into gear. An automatic injunction also issues in other, related kinds of actions. For instance, filing […]
“Right of Survivorship” Terminated by Co-Owner Unilaterally
MAY 9, 2016 VOLUME 23 NUMBER 18 First, a short primer on “joint tenancy with right of survivorship”: In Arizona, there are two main ways that two or more people can own property together (assuming they are not married). One choice is for the owners to be “tenants in common.” The other is to be […]
Step-Children and Disinherited Children Might Have Rights — It Depends
NOVEMBER 12, 2012 VOLUME 19 NUMBER 41 A prospective client asks: “Can my mother cut me out of her will after my father dies? His will leaves everything to the children after her death.” That deceptively simple question comes in a number of variations (like: “My mother’s will left everything to her children, but her […]
Joint Tenancy Does Not Always Mean Equal Ownership
NOVEMBER 8, 2010 VOLUME 17 NUMBER 35 Elder law attorneys often see some version of the same story. Parents put child’s name on the deed to their home “just in case.” Dispute between parents and child breaks out when child asserts ownership interest. Sometimes litigation ensues. Child claims that joint ownership of the home means […]
Late-Life Marriage Leads To Property Dispute in Divorce
MARCH 15, 2010 VOLUME 17, NUMBER 9 Older individuals often get married, of course, and sometimes face legal issues as a result of separation or divorce. The legal problems associated with the end of a late-life marriage are not necessarily different from those faced by younger divorcing couples. A recent Arizona Court of Appeals decision […]
