Legal Question in Real Estate Law in California

my father in '05 added his new spouse in the trust deed giving her 50% in '06 he added my mom (ex-spouse) in the deed giving her 100%. he past away in Dec. so know the wife wants the house. we just rec'd a letter form her lawyer attached was a quit claim deed he wants my mom to sign. Is there anything my mom can do? the property is in Phoenix AZ


Asked on 4/14/10, 11:47 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

You need to repost this question to Arizona attorneys. The question of who has what rights to the property is going to be a question of Arizona law because of the location of the property.

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Answered on 4/19/10, 11:55 am

Gibbs is right. Arizona law will govern whether a deed of 100% of a property when the grantor only owns 50% is effective to transfer the 50% the grantor owns, or is void. Under California law it would convey the 50% remaining, meaning the widow and your mom would each be 50% owners. I'd be willing to make a bet that AZ law is the same. If so, the last thing your mom should do is sign that quit-claim deed without being bought out of her half.

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Answered on 4/19/10, 12:16 pm


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