Aunt unexpectedly passed away.

[JJ05]

Two weeks ago my Aunt passed away unexpectedly after a surgery. We live in Arizona and located a beneficiary deed. The deed stated that she wanted her estate to be left to My brother, sister, and I. The deed was signed as well as notarized, but not recorded. We have not located a will and since her death was unexpected, we don’t think there is one. My grandfather (my aunt’s father) is still alive. He has been estranged from the family since 1996 and has Alzheimer’s. I was reading that he would be the next of kin. We want to fight for my aunts estate because she would be very upset if her father received any of it, because he had walked out on the family. The estate is valued around 500k. We reached out to a probate lawyer who instructed us to reach out to our grandfather . My grandfather is contacting a lawyer, as are we. Will the beneficiary deed that was notarized work? Do we have a chance at fighting this in court? Any input would be much appreciated! Thank you!

 

[adjusterjack]

The deed was signed as well as notarized, but not recorded.

Sorry, the beneficiary deed is no good. Arizona's beneficiary deed statute requires that the deed be recorded before the death of the owner to be valid.

33-405E. A beneficiary deed is valid only if the deed is executed and recorded as provided by law in the office of the county recorder of the county in which the property is located before the death of the owner or the last surviving owner.

https://www.azleg.gov/ars/33/00405.htm

Do we have a chance at fighting this in court?

I doubt it. But if you want to give litigation a shot make sure you have a LOT of money to pay the lawyer.

Wait, have you actually checked the county recorder to determine whether it's been recorded or not. On the odd chance that you found a duplicate original and she just didn't get the stamped one. Long shot, but worth the look.

I was reading that he would be the next of kin.

That's right.

14-2103.2 If there is no surviving descendant, to the decedent's parents equally if both survive or to the surviving parent.

https://law.justia.com/codes/arizona/2019/title-14/section-14-2103/

 

[JJ05]

Sorry, the beneficiary deed is no good. Arizona's beneficiary deed statute requires that the deed be recorded before the death of the owner to be valid.

33-405E. A beneficiary deed is valid only if the deed is executed and recorded as provided by law in the office of the county recorder of the county in which the property is located before the death of the owner or the last surviving owner.

https://www.azleg.gov/ars/33/00405.htm



I doubt it. But if you want to give litigation a shot make sure you have a LOT of money to pay the lawyer.

Wait, have you actually checked the county recorder to determine whether it's been recorded or not. On the odd chance that you found a duplicate original and she just didn't get the stamped one. Long shot, but worth the look.



That's right.

14-2103.2 If there is no surviving descendant, to the decedent's parents equally if both survive or to the surviving parent.

https://law.justia.com/codes/arizona/2019/title-14/section-14-2103/

We did check and it was not recorded.
even though the fatherh has Alzheimer’s, they would allow him to take over the estate?
What would you recommend my family do in this situation?

 

[adjusterjack]

even though the fatherh has Alzheimer’s, they would allow him to take over the estate?

Yes. If he inherits by law, he inherits. As long as he is alive and the estate is properly probated by his attorney, he gets it all.

What would you recommend my family do in this situation?

You wrote that you'll be consulting with an attorney. Rely on the attorney's advice.

Beyond that, start being nice to the old man. Once he owns the property he might leave it to you three.

 

[kane.lui]

As that deed is not recorded, and according to Arizona's beneficiary policy, your grandfather is very likely to inherit the estate.

 

[commentator]

He's got alzheimer's but he's snappy enough to go out and hire a lawyer and start stepping along to inherit her property? Sounds like he's got other people working for him, else he's not so far gone as you might think. Unfortunately, people tend to believe they've got plenty of time to deal with things, do not expect their own mortality, so what they would've wanted to happen are often not what actually happens.

 

[Zigner]

Two weeks ago my Aunt passed away unexpectedly after a surgery. We live in Arizona and located a beneficiary deed. The deed stated that she wanted her estate to be left to My brother, sister, and I. The deed was signed as well as notarized, but not recorded. We have not located a will and since her death was unexpected, we don’t think there is one. My grandfather (my aunt’s father) is still alive. He has been estranged from the family since 1996 and has Alzheimer’s. I was reading that he would be the next of kin. We want to fight for my aunts estate because she would be very upset if her father received any of it, because he had walked out on the family. The estate is valued around 500k. We reached out to a probate lawyer who instructed us to reach out to our grandfather . My grandfather is contacting a lawyer, as are we. Will the beneficiary deed that was notarized work? Do we have a chance at fighting this in court? Any input would be much appreciated! Thank you!

If he is estranged, then how do you know that (a) he has Alzheimer's and (b) that his condition has caused him to be incompetent to handle his legal affairs?

 

[ALawyer]

It sounds as if your Aunt put off doing what she should have ]done -- prepare a Will and/or Trust rather than relying on the state intestacy law -- for too long and thus her wishes will be mere wishes. That happens all too often.

You really need to speak with an Arizona lawyer and that lawyer may need to speak with a lawyer in the state where the estranged father resides (if different from Arizona). If grandfather were to die without a Will or Trust then his estate would pass to his heirs under the law of intestate succession of the state where he is domiciled.

 

[zddoodah]

my Aunt passed away unexpectedly after a surgery. We live in Arizona and located a beneficiary deed. The deed stated that she wanted her estate to be left to My brother, sister, and I.

A beneficiary deed typically only directs the disposition of a piece of real property. It's not a substitute for a will.

I was reading that he would be the next of kin.

I assume that's because she was not married when she died and has no children, grandchildren, etc. Correct?

We want to fight for my aunts estate because she would be very upset if her father received any of it, because he had walked out on the family.

Then she should have done some proper estate planning. Otherwise, the speculative and hypothetical feelings of a dead person are legally irrelevant.

We reached out to a probate lawyer. . . . Will the beneficiary deed that was notarized work?

As "adjusterjack" explained, no.

even though the fatherh has Alzheimer’s, they would allow him to take over the estate?

I'm not sure who "they" are, but your grandfather's Alzheimer's disease has nothing to do with this.

What would you recommend my family do in this situation?

I would not make any recommendations. You certainly can confirm with the lawyer with whom you've consulted about this, but the law cited and quoted previously seems pretty clear.