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Beneficiary Deed

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pemmer

Junior Member
What is the name of your state (only U.S. law)? Arizona

The Arizona statues state that a beneficary deed must be recorded PRIOR to the death of the grantor. My mother and father held the title to their home as tenants in common. When my father passed away several months ago, my half-brother recorded a beneficiary deed claiming my father's half of the house. Since it was recorded after his death, it is invalid. However, the county recorder still recorded the document and now the title at the county shows both my mother and my half-brother as co-owners.

My half brother refuses to quit-claim the property back to the estate.

Is there any legal cause to sue him for filing an invalid deed? What can I do about it?
Pem

What is the name of your state (only U.S. law)? Ariizona
 
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latigo

Senior Member
Please understand that these are meant only as comments as I don’t practice law in your state. For legal advice and direction you must consult with an Arizona based attorney.

But inasmuch as no interest in the property was transferred to the beneficiary of the deed and yet it stands of record, I suspect that a quiet title action may be necessary.

I would also think that under the circumstances the half brother could be made to stand the costs and legal fees incurred in such an action.

Perhaps if he is made aware of that, he might change his mind and do the quitclaim.

The attorney may know of some other more expeditious process under Arizona law to clear the cloud on the title. Such a problem doesn’t arise in my state, which does not provide for that form of non-testamentary transfer.

Also the circumstances by which he obtained the deed may need thorough investigating.

Good luck.
 

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