Legal Question in Real Estate Law in Arizona
Pending Quiet Title action in Arizona
My mom died 7/23 of this year. It had always been my mom's intent to give the house to all four of us boys when she passed and she even stated it in her last will which was done the day before she passed.
However, at a low point in her life when she was suffering from CHF and diabetics she was in a care home. One of the four brothers got her to quit-claim the home over to him as a joint tennent. Now that she has passed, he say's the home is his, and due to being disabled has free legal services with a large law firm.
We have not been served yet but we know it will be soon. My mom said she even remembered signing the quit claim form. I went back to the care center and picked up the medical records and nothing is mentioned anywhere in the reports of dementia but she was suffering from it at the time.
We are trying to get statements from other people who were aware of her medical condition at the time and if they would remember that she stated her true intentions as regards the deed mistake on her part and that she wanted the home to be given to all of us.
We went to see lawyer who is an ex-judge in real estate this week and he said we don't have much of a chance but I wanted to see what others might think.
1 Answer from Attorneys
Re: Pending Quiet Title action in Arizona
I agree with the previous advice you have been given. If the quit claim deed was recorded, then upon her death, the property is automatically, by operation of law, solely owned by the surviving joint tenant, and any Last Will is of no force or effect. It is very difficult to prove incapacity or undue influence in general, more so when you state that there is no record of her dimentia at the time the deed was signed. Her "intent" to leave the property to all of you may have changed.
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