Posted on: 17th Jul, 2007 07:20 am
The will stated that everything was to be sold and split between me and my sister. After his death, my sister (the executor of the estate) stated that she had a quitclaim deed that my Dad signed before he died transferring the house to her. This was never filed with the clerk before his death. She has now filed it 3 months after his death. Is this legal?
Djables
If the deed was signed in front of a notary public then it had transferred house interest in her name. She can file it now. It will be considered legal.
But you need to get information on whether deed was notarized or not. If it was just signed and given to your sister then it is not legal. To be legal it has to be notarized. After the deed is notarized the person receiving the property can get it recorded at a later date also.
If the deed was signed in front of a notary public then it had transferred house interest in her name. She can file it now. It will be considered legal.
But you need to get information on whether deed was notarized or not. If it was just signed and given to your sister then it is not legal. To be legal it has to be notarized. After the deed is notarized the person receiving the property can get it recorded at a later date also.
As the deed has been accepted at county recorder's office for recording it seems that the deed was indeed notarized otherwise it won't be accepted for recording by the recording clerk.
What it means is that she is now the owner of the house and it cannot be considered part of your father's property.
Miller
What it means is that she is now the owner of the house and it cannot be considered part of your father's property.
Miller
"The will stated that everything was to be sold and split between me and my sister."
By everything he would have meant whatever belongs to him. And if by using a quit claim deed he transferred house ownership to your sister then it cannot be considered part of his estate.
By everything he would have meant whatever belongs to him. And if by using a quit claim deed he transferred house ownership to your sister then it cannot be considered part of his estate.
Welcome Djables,
Whether the deed is legally valid or not will depend upon your state laws. According to me, the Will shall supersede the quitclaim deed as it is to be followed after the death of your dad.
Whether the deed is legally valid or not will depend upon your state laws. According to me, the Will shall supersede the quitclaim deed as it is to be followed after the death of your dad.