Legal Question in Wills and Trusts in Arizona

After Arbirtration

Here is the short version: As personal reps of my deceased mom's estate, a bit of vacant land that my mom had been trying to have a quiet title done to at the time of her sudden death became ours to fight over with an aunt who claimed she owned it. (My mom while going thru divorce signed over land to aunts husband temporarily so my mom's ex would not have claim to the land. My aunts husband passed away and she never put in a claim to the land because she knew it was my mom's. My mom had always made all the mortgage payments on the property and paid all taxes as we have continued to pay taxes. ) The aunt never paid out one dime. After this issue was brought before an arbitrator and papers are signed, is there any way to re-open the same case and have the matter either go to court or be re-negotiated? We did under grief, sign papers agreeing to pay the aunt a some of money when the property was sold just to make her go away because she tormented my mother and basically caused her death and at the time the land was worth alot more than now. Can we re-open after the fact? The property is still for sale and is worth nothing near it's worth at the time the papers were signed.


Asked on 11/03/08, 2:42 pm

2 Answers from Attorneys

James Jenkins Jenkins Law Center PLC

Re: After Arbirtration

Even presenting the "short" version, I feel that this matter is too complicated, and involves too many facts and circumstances to be answered here. This site is designed for single issue matters that may be of general interest to the public as well. Perhaps another attorney on this site wants to take a stab at it.

See an estate attorney and present all facts, documents and circumstances to see what can be done.

Good luck,

James D. Jenkins

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Answered on 11/03/08, 5:15 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: After Arbirtration

The answer to your question lies in the papers that you signed before and after the arbitration. The facts pertaining to the legal issues and who would be declared the owner of the property, if adjudicated, may not be relevant after the arbitration and after you signed documents which may have waived your rights to further legal action.

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Answered on 11/03/08, 10:35 pm


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