KNOTT v. VACHAL

No. 2 CA-CV 88-0038.

156 Ariz. 386 (1988)

752 P.2d 39

Cheryl KNOTT, Plaintiff/Appellant, v. Denice D. VACHAL, Administratrix of the Estate of Denny Lee Vachal, Deceased; Denice D. Vachal, individually, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department A.

March 10, 1988.


Attorney(s) appearing for the Case

Leek & Petica by Ron Petica, Bullhead City, for plaintiff/appellant.

John C. Churchill, Parker, for defendant/appellee.


OPINION

HOWARD, Presiding Judge.

Does the survivor of an unmarried cohabitation relationship have to file a claim against the estate of the deceased member for the share of assets she claims she is entitled to pursuant to an express agreement to hold the property as joint tenants? We hold that she does not because her claim is one for equitable title to property and thus not for property which is part of the estate of the deceased.

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