Who Gets the Condo, the Husband or the Son?

Question: In the winter months my husband and I live in our Scottsdale condominium. Our deed says “community property with right of survivorship.”  I have a son from my first marriage who is attending Arizona State University, and I want my son to have my interest in the Scottsdale condominium after I die. My will and my revocable living trust say that my son is my only beneficiary. When I die will my son inherit my interest in the Scottsdale condominium? My husband does not like my son so I cannot even discuss this issue with him.

Answer:  No. If a home is owned by a husband and wife as community property with right of survivorship, any children of the first spouse to die have no interest in the home. Therefore, your husband will become the sole owner of your Scottsdale condominium upon your death. Any provision in your will or revocable trust to the contrary will be unenforceable.

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