Asked in Real Estate Law for Arizona

Q: mother was poa for deceased processed quit claim deed in her name can any living relative take property back

process quit claim deed days after deceased passed away

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: Any of the Heirs At Law can file suit to set aside a Deed conveyance that resulted from an invalid POA transfer after death of the principal, was never delivered, or was a breach of fiduciary duty, amongst many causes of actions. But all Heirs must be included as parties, either plaintiffs or defendants. Hire a competent attorney who knows real property litigation. With the Complaint, a Notice Lis Pendens should also be recorded.

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