Legal Question in Real Estate Law in Arizona

Re: Quit Claim deed validity in Arizona

I assume Arizona law is the same as in California. A Will only transfers property or assets that are in the estate a moment after death. If there was a valid transfer of the property via the quit claim deed [that is a common method of making a transfer], then that property ui sno longer in the estate and would end up among the four children. Her children might argue that when she made the deed she was not mentally competent, so you need to check when it was made and whether she currently has the capacity to make a transfer of property.

You should also do the following:

1) have your father prepare a statement uder penalty of perjury as to how much he put into the property and that it was done as an owner and not a gift and that he is mentally sound at this time;

2) record the quit claim deeds with the County Recorder's Office;

3) check with several local title insurance companies to find out what their policy is in such a matter as to issuing clean title;

4) remain in touch and on good terms with her children; after she dies mention the quit claim deeds and what your position is and whether they accept it and if not why not.