Legal Question in Wills and Trusts in Arizona

Beneficiary consent to trust revocation

My grandmother established a revocable trust in the '70's and transferred property into it. The beneficiaries of the trust were her and my grandfather during their lives, followed by my mother and my siblings and I upon the last of their deaths. Following the death of my grandfather (nb, she was the settlor, not him), my grandmother revoked the trust and did a will that disposed of her estate very differently. My grandmother neglected to change the title to the property that was subject to the trust. She is now dead and I am being asked to sign a quitclaim on the property so that the estate can dispose of the property without difficulty. Do I have any vested interest in the property such that I can reasonably reject signing the quitclaim and request a share of the property proceeds?


Asked on 6/10/02, 10:14 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Beneficiary consent to trust revocation

If your grandmother formally revoked the trust while of sound mind and during her lifetime, you lost any potential interest you may have previously had in her estate. Her valid will following proper revocation will control the decent of the property regardless of the fact that the title was never changed from the trust.

The heirs under the will can bring a court action to force transfer of the property to them, and they will be successful. There is no economic advantage to you to refuse to sign the quit claim deed, although you may be entitled to money for signing as a matter of negotiation. It is much cheaper for them to get your quitclaim deed than to proceed to litigation which they would surely win, but it is cheaper for you, also, to avoid a lawsuit.

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Answered on 6/10/02, 12:57 pm


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