Legal Question in Wills and Trusts in Arizona
How can I trump a grant deed
My father signed his estate over to his girlfriend in a grant deed under her administration of his medications three weeks before he died. He is still legally married to my mother. How do I override this grant deed and get my fathers property back?
1 Answer from Attorneys
Re: How can I trump a grant deed
Impossible to say without more facts, an examination of the documents, etc.
Your mother is entitled to the statutory allowances for homestead, exempt property and family allowance, but that may be small compared to the total estate. Your father can only give away his one half of the community property.
See an estate attorney immediately. Your mother may have to take court action. Unfortunately, there is no law to legislate fairness and moral values, so you might have to prove that your father acted under undue influence or duress. That is often hard to prove in some cases.
Good luck.
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