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Sloane v. Sloane

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eBook details

  • Title: Sloane v. Sloane
  • Author : Arizona Court of Appeals
  • Release Date : January 31, 1982
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 48 KB

Description

The parties were married on March 7, 1976. Appellants separate funds were used to purchase a house which was taken by the parties in joint tenancy with the right of survivorship. Appellant testified that he was advised by a real estate agent to place the house in joint tenancy and to contact his lawyer. His lawyer advised him that if he intended a gift to his wife he would have to file a gift tax return and pay the gift tax, but if a gift was not intended he could place the title in joint tenancy as a testamentary device until an estate plan could be prepared by the lawyer. According to the appellant, the parties went to see the lawyer and they discussed putting the house in a revocable trust with the wife as the beneficiary of the trust. However, the wife denied that they discussed placing the house in the trust although they did talk about creating a trust. The lawyer intended to make it clear in the trust document that the house was the separate property of appellant, but the record does not disclose that this intention was ever communicated to the wife.


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