Subsequent Deed Revokes Beneficiary Deed

Question: My mother recently passed away. Her only significant asset is her home in Sun City West. Three years ago when her boyfriend was living with her she recorded a beneficiary deed granting the home to him. They broke up a year ago, and my sister moved into the home to help my mother. My mother then recorded a warranty deed of the home to my sister. Just before my mother died, however, she executed a will in the hospital giving the home 50/50 to me and my sister. What a mess! Who owns the home now?

Answer: Your sister by herself. When your mother recorded the beneficiary deed to the boyfriend, this beneficiary deed was revoked by the subsequent warranty deed to your sister. ARS §33-405(A). Your mother’s will in the hospital granting the home 50/50 to you and your sister did not revoke the warranty deed to your sister.

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