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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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We are a religious organization. On 3/8/2011 we receive a real

Resolved Question:

We are a religious organization. On 3/8/2011 we receive a real esate property donation
from the follower Anna. Anna sign a guite claim deed to Anita.The property locate at Maricopa County,Arizonia. Anna pass away on 9/20/2011.
Now the children sue us. They disclose that Anna was diagnosed with Alzheimer's disease
on July 2003. On 3/1/2004 Anna assign trustee of the revocable trust to Lee(son). The trust was created for the sole benefit of Anna enjoy complete was revocable by anna for any reason or no reason to include the property in which anna reside at all relevant time.
the question:
!. Anna is an Alzheimer patient. Is her property donation is uneffective?
They mention about ARS-14-5101(1),ARS-5401,ARS-451(a)(9)
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.

Zachary D. Norris :

Hi,

Zachary D. Norris :

I'm reviewing your question and will post a reply shortly

Zachary D. Norris :

If Anna was truly suffering from Alzheimer's at the time of the assignment, then it will likely be shown that the she was incompetent. Further, the revocable trust which you mentioned would surely have control over the property in which she was living. It would be inconceivable if it did not. A simple assignment of trust property by the beneficiary to a revocable trust does not operate to revoke the trust. The trust is only revocable by explicit terms which are stated in the trust. Thus, it is highly unlikely that the quite claim deed would survive a legal challenge.

Zachary D. Norris :

Question No 2 - you ask if this will affect her personal bank account. The answer is yes.

Zachary D. Norris :

One of the statutes they are citing is regarding the definition of a religious organization. The information you have provided indicates that Anita was given the property rather than the organization. Thus, any lawsuit would personally affect Anita if there was a judgment against her...including the possibility of seizing assets from her personal accounts

Zachary D. Norris :

The caregiver could definitely be a witness, as she would likely provide testimony regarding the circumstances surrounding the execution of the quite claim deed, as well as Anna's mental state of mind and potential incapacity.

Zachary D. Norris :

You need to contact the local legal aid office to obtain free legal help. You can contact the people at the following address for further assistance: http://www.sazlegalaid.org/

Zachary D. Norris :

Please let me know if you have any follow up questions. I'm going to step out of this chat format since I haven't heard anything from you, but you will still be able to ask follow up questions if you have any.

Zachary D. Norris :

Best Regards,

Zachary D. Norris :

Zachary D. Norris

Expert:  TexLaw replied 5 years ago.
Please respond with questions in this format. Thanks
Customer: replied 5 years ago.
Could you tell me what is the worst sitatuation?
Expert:  TexLaw replied 5 years ago.
It would be hard for me to tell you with any certainty what your worst case scenario would be as I am not privy to the documents which would be needed to assess the situation completely. However, I can guess that Anita has been sued for conversion, fraud, and trespass to title, and likely also a declaratory judgment action. Therefore, she would likely face a judgment against her for (1) injunctive relief to turn over the title and release possession of the property; (2) if not forced to turn over the property then force to pay the fair market value for the property; (3) fair rental value for the days she has been in possession of the property and has used the property for her own benefit; (4) disgorgement of any profits earned through use of the property; (5) punitive damages if it was established that there was malicious fraudulent behavior (not accusing, just saying worst case scenario), (6) any loss of value caused to the property by Anita's use of the property while in her possession, and (7) attorney's fees for the other side.
TexLaw and 8 other Legal Specialists are ready to help you
Expert:  TexLaw replied 5 years ago.
It would be hard for me to tell you with any certainty what your worst case scenario would be as I am not privy to the documents which would be needed to assess the situation completely. However, I can guess that Anita has been sued for conversion, fraud, and trespass to title, and likely also a declaratory judgment action. Therefore, she would likely face a judgment against her for (1) injunctive relief to turn over the title and release possession of the property; (2) if not forced to turn over the property then force to pay the fair market value for the property; (3) fair rental value for the days she has been in possession of the property and has used the property for her own benefit; (4) disgorgement of any profits earned through use of the property; (5) punitive damages if it was established that there was malicious fraudulent behavior (not accusing, just saying worst case scenario), (6) any loss of value caused to the property by Anita's use of the property while in her possession, and (7) attorney's fees for the other side.