Legal Question in Real Estate Law in Arizona

Re: home equity loan

This is a bit difficult to answer without more facts, but generally, if the trustor put one of his children on the deed prior to making the trust, or if the trust is a revocable trust, the deed will take priority over the trust. On the other hand, if the trust is irrevocable and the property was deeded to the trust before the child's name was added to the deed, then the trust may take priority.

Depending on the evidence, there is also a possibility that the other three children could get the court to undo the transfer to the first child if they could convince the court that the parent really only put the child's name on the deed in order to get the home equity loan, and did not intend to give the child actual ownership of the property.

Re: home equity loan

This cannot be answered without a review of the trust and the deeds and documents surrounding the transaction. Sounds too complicated to let go without having an attorney personally inspect the papers. If you want me to do that, I would take a quick look, see what it would cost to fix if a fix is needed. Initial brief consultation is free. 480.835.1500.