Legal Question in Wills and Trusts in Arizona
gift of property
I was given a piece of property by the owner of the property via a Quit Claim Deed and a Deed of Gift.
Now the ladies daughter says the property was part of a trust and is trying to take it back. Her attorney sent me a notice and $5.00 to quit claim it back or they would file a ''Quiet Title Claim'' in court. Is this legal. I don't believe the property was in a trust at the time, but even if it was the owner was the trustee. Can she give her own property away if she wants to?
2 Answers from Attorneys
Re: gift of property
The answer to your question is "maybe". If the lady was mentally competent, and if the trust was revocable, and if the lady was the trustee of the trust, then she probably did have a right to give the property to you. However, there may be other reasons why the transfer was not valid.
You should see an attorney without delay. If you lose this battle in court you may have to pay the other side's attorney fees, and that can be a very substantial amount.
Re: gift of property
A person (or trust, company, etc.) can only transfer what he actually owns. So, this Quit Claim deed only transfered whatever interest she had in the property. If the property was owned by a trust, then she didn't transfer anything to you unless she signed as trustee of the trust.
This can get complicated. You should see an attorney before you get sued. If you do get sued, and lose, you might have to pay the other side's attorney's fees.
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