Is a quitclaim deed enough to transfer lot ownership?

Question: My wife inherited a one-acre lot in Peoria when her mother passed away five years ago. Her brother, who is a real estate broker in Oregon and a good guy, inherited the one-acre lot next door. He is very sick now and wants to give my wife his lot. Last week, he sent my wife a fully executed quitclaim deed to the lot, and said record it immediately, which my wife did. Does my wife now own this lot with just a quitclaim deed? Just FYI, my wife said that she loves her brother, and even if the deed is invalid, she is not going to bother her brother if a different one is required.

Answer: In Spanish, the saying is ‘quien sabe,’ or ‘who knows?’ First, a quitclaim deed makes no warranty of title, unlike a special warranty deed where the grantor warrants title since ownership of the property, or a general warranty deed where the grantor warrants title since the beginning of time.

In Arizona and other states, unlike many states back East where attorneys’ opinions basically insure the title, the opinion of the title company is the only opinion that counts.

My understanding is that, while most Arizona title companies don’t like to insure conveyances of real property by a quitclaim deed, if there is no other option, e.g., the grantor has recently become incompetent or is very ill, a grantee such as your wife should be able to get insurable title.