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
2 Answers from Attorneys
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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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.