Littleton, CO asked in Probate for Arizona

Q: I signed a contract releasing beneficiary interest in real estate it was drafted and notarized by the attorney who

Represented testator. He also had the power to make decisions regarding my trust, but I was never told exactly what those were. Release says “I have discussed this with my trustee”, but I was never told I could seek independent counsel. My trustee said that I discussed with him and attorney prior to signing (documented via email) I believed they proposed it to me at a time when they knew I would accept the offer(undue influence) as the son of my SO had my trustee kick me out of our house 3 months after his death and the atty told me that he may never sell it(after release was executed). The house was sold for 34k less than market value in 2016 (why would son agree as estate has no financial problems?). It was sold for the exact amount of what was owed I was given little access to any other documents. Is this legal?

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1 Lawyer Answer
Andre L. Pennington
Andre L. Pennington
  • Probate Lawyer
  • Surprise, AZ
  • Licensed in Arizona

A: There are some facts that do cut against you in this case; however, there are a lot of details that an attorney would need to know beyond what you've provided here. Your best bet is to get with an experienced probate attorney.

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