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family wants to fight quit claim deed

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T

TGodoy

Guest
My Grandmother left my mother her home in Arizona and My wife and I moved into the home a year ago and my uncle has a room in the house but doesn't live here.My mother signed a quit claim deed to me,so I think the house is mine. My Grandmother's will states that she leaves the estate to my mother and "In the event she is unable or unwilling to act in such capacity,then I nominate and appoint my son ---."
It's not the same uncle who lives here, So my question is Who has the upper hand in a possible lawsuit, my quit claim deed or my uncle #2 who is in the will?? ,And if the house is truly mine what can I do about getting all of my uncles things out of the room which is under lock and key and he is unwilling to cooperate on getting his things out, also he has a totaled car in my backyard, WHAT CAN I DO LEGALLY??
 


ALawyer

Senior Member
You are VERY confused.

First the Will must be filed for probate. Then the executor would deed it to your mother IF the Will left the house to your mother. Only then did her quit claim deed give you title.

The "willing and able to serve" language relates to serving as executor.
 

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