Sorrell v. Gaarde-Morton

OPINION

GOULD, Judge:

¶ 1 Whitney Sorrell appeals the trial court’s judgment invalidating a beneficiary deed. We affirm, and hold that only a natural person who owns real property can execute a beneficiary deed pursuant to Arizona Revised Statute (“A.R.S.”) section 33-405.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 In 2003, Augusta Ganoni executed a beneficiary deed to transfer her residence (the “House”) to her attorney, Sorrell, at her death. The House was property of the Augusta A. Ganoni Revocable Trust as restated in 2000. Ganoni was both settlor and trustee of the Trust. Ganoni signed the…