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My mother's name was forged on a quit claim deed by her

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My mother's name was...

My mother's name was forged on a quit claim deed by her family in Arizona. Mom was a California resident and has since passed away. After her death my brother and I signed a limited power of attorney to have the property sold. Our POA was notarized with two witnesses and I added disclaimer verbage in the document. Is this sufficient to dissolve me and my brother of any legal obligations for this property or will I have to take my family to court for forgery?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

The property is in Arizona, my mother was a California resident as am I and my brother.

Lawyer's Assistant: What documents or supporting evidence do you have?

Power of Attorney only. Title would have to be pulled but I am told it has my mom's name on it because of the quit claim deed.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, just want to be sure I've covered myself. Mom died without a will and in debt.

Submitted: 8 months ago.Category: Estate Law
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Answered in 9 minutes by:
9/21/2017
Estate Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 124,305
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Estate Lawyer: Law Educator, Esq., Attorney replied 8 months ago

I am afraid that you writing a disclaimer on the PoA only protects you from misconduct of the parties you granted the PoA to. It does not absolve you for any forgeries or other issues with the property. So, if you still have problems with the estate or the property itself having the forged quit claim, you would need an attorney to take that to court to resolve those issues.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 8 months ago
Property is still in mom's name, am I obligated to accept any legal responsibility for it?
Estate Lawyer: Law Educator, Esq., Attorney replied 8 months ago

Thank you for your reply.

No, you are not obligated to take liability for property in your mom's name at all. You can disavow any interest in the property by submitting a disavowal of inheritance.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Category: Estate Law
Satisfied Customers: 124,305
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Experience: Experienced in Trust and Succession Law, including Louisiana Laws

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