Legal Question in Wills and Trusts in Arizona
deception in intestate probate
My brother recently died and in viewing his records I discovered he had lied in regard to the heirs of two deaths in our family. He claimed to be the sole heir when infact there are two siblings who should have been included. They were never notified about the probate. He then wrote a quit claim for the two properties to a woman who is not his wife. Are the quit claims valid when he obtained the properties on false information and lied on legal documents. Thank You
1 Answer from Attorneys
Re: deception in intestate probate
This is complicated. Hire an attorney to file a suit to set aside the quitclaim deed as a fraudulent conveyance. Act immediately. A thief does not transfer good title, but deeds are recorded and a subsequent purchaser could take the property in good faith and cut off your claim. A Lis Pendens will be recorded when the suit is filed to put notice of the suit on the property, stopping a conveyance by the title holder.
More facts would need to be known to give a complete opinion. Act immediately. Consultations in our office can be arranged at 480.835.1500 and are free, with no obligation. Gather together all the paperwork you have, such as copy of will, paperwork filed by the offender, etc.
Best regards.
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