I need to search for authoritative Idaho state information about joint tenancy with right of survivorship and property transfer rules to give you accurate guidance for Dave's situation. Based on authoritative Idaho state sources, you are absolutely correct to be cautious, and your friends' advice to wait until after probate is sound guidance. Here's what Idaho law says about Dave's situation:

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Understanding Joint Tenancy with Right of Survivorship in Idaho

Yes, your assumption is likely correct. If the county assessor's website now shows Dave as the sole owner after Shar's death, this strongly suggests the properties were held as joint tenants with right of survivorship. Under Idaho law, when one joint tenant dies, the property automatically passes to the surviving joint tenant(s) and does not become part of the deceased person's estate.

According to the Idaho State Bar and Idaho statutes, joint tenancy with right of survivorship means that "the death of one joint tenant terminates the joint tenancy and vests complete title in the surviving joint tenant." This is a fundamental principle of Idaho property law.

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Critical Legal Issues with the Estate's Claim

Shar's estate's claim to 50-50 ownership is legally questionable if the properties were truly held in joint tenancy with right of survivorship. Here's why:

The Estate Has No Valid Claim

Joint tenancy property passes outside of probate and is not part of the deceased person's estate. According to Idaho Code §15-6-107, a "survivorship interest in a joint tenancy of real estate" is specifically excluded from estate assets that can be claimed by creditors or distributed through probate.

Why the Estate May Be Pushing This

The estate may be:

• Misunderstanding how the properties were titled
• Hoping Dave doesn't understand his rights
• Trying to claim assets they're not entitled to
• Confusing joint tenancy with "tenancy in common" (where each owner's share does pass to their estate)

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The County Recorder's Warning

The county employee's discomfort is significant and protective of Dave. When she said the deeds would be "traceable" and warned against signing anything, she was likely concerned that:

• Dave already owns the properties outright through survivorship
• Signing a quitclaim deed would give away property that's already his
• Once signed, such transfers are very difficult to undo
• The estate may be pressuring Dave into an unfair arrangement

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Why Waiting Until After Probate Is Essential

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Specific Advice Based on Idaho Law

Do NOT sign anything before February 19

Do not sign any quitclaim deeds, agreements, or documents related to these properties before meeting with your real estate attorney. The estate's "preferred remedy" may be legally baseless.

What Dave Should Do Now

1. Bring the original deeds to the attorney appointment on February 19
2. Request certified copies of both deeds from the county (despite the "traceable" comment—Dave has every right to his own property records)
3. Document all communications with the estate representatives
4. Do not discuss ownership with the estate until after consulting the attorney
5. Verify the exact wording on the original deeds—look for phrases like "joint tenants with right of survivorship" or "JTWROS"

Questions for the Real Estate Attorney

• How were the properties actually titled on the original deeds?
• Is an affidavit of survivorship needed to formally transfer title to Dave alone?
• What is the proper legal process to remove Shar's name from the county records?
• Does the estate have any legitimate claim to these properties?
• What are Dave's rights if the estate continues to pressure him?

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Red Flags in This Situation

The estate's behavior raises serious concerns:

• Pushing to act before probate suggests they know probate will clarify that they have no claim
• Proposing a "split" of properties that may already belong entirely to Dave
• Pressuring for quitclaim deeds (the least protective form of property transfer)
• Timing the pressure before Dave consults an attorney

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The Bottom Line

Under Idaho law, if these properties were held as joint tenants with right of survivorship, Dave already owns them 100%. The estate has no legitimate claim. Your instinct to wait and consult the attorney is exactly right. The February 19 appointment will provide the legal clarity Dave needs to protect his rights.

The county employee who warned you was doing Dave a significant favor—she recognized a potentially harmful situation and urged proper legal counsel. That's excellent advice to follow.