Phoenix, AZ asked in Contracts, Estate Planning, Family Law and Real Estate Law for Arizona

Q: My brother's girlfriend physically produced a quitclaim signature two days before his passing in a hospice facility.

She payed $1,000 to have a notary present and legalize the quitclaim of his house, everything in it and a wishlist of his financial accounts to be used to support her. This was witnessed by my living brother and sister. When they asked what the signatures where for, she said they were just papers regarding some fixings to the house. Notary returned the following day with papers for the girlfriend. The girlfriend immediately ordered my brother's feeding to be stopped. He sadly passed away the next day. He had never married or had children. Our Mother is his only living parent who was approved as his legal representative by the superior court of Arizona.How can this be overturned and have the girlfriend taken off the deed. As far as we know, she has not produced a death certificate to the recorders office.

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

A: Among other considerations, your brother had to knowingly know what he was doing without undue influence. It sounds like there may be issues with this transfer. You may want to consult with an experienced probate litigation attorney.

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