Posted on: 24th Feb, 2007 07:06 am
hi,
can a quit claim deed naming a grantee and witnessed, signed and notorized, be recorded after a grantor's death? would it still be legal?
can a quit claim deed naming a grantee and witnessed, signed and notorized, be recorded after a grantor's death? would it still be legal?
Welcome gailsoave,
The deed may be legal depending upon the state laws. You can check the laws by consulting an attorney or any official at the County Recorder's office.
The deed may be legal depending upon the state laws. You can check the laws by consulting an attorney or any official at the County Recorder's office.
Hi Gail,
As Adonis said in many states it is necessary to get the quit claim deed recorded before the death of the grantor. If you can tell which state you are in then I can provide you some more details on whether it would be legal if it is recorded after death of the grantor.
Colin
As Adonis said in many states it is necessary to get the quit claim deed recorded before the death of the grantor. If you can tell which state you are in then I can provide you some more details on whether it would be legal if it is recorded after death of the grantor.
Colin
My son purchased an adjacent piece of property to mine, while in the service, overseas. Because of the distance, the title company could not get the paperwork done, timely, so we put the loan in my name. He made all the payments. Now that he is out, I want to ensure that the property becomes his, if something happens to me. I know that I could quit claim it to him, but what we would both like, for development purposes, is for it to remain in my name, but go to him on my death. Could both pieces be quit claimed to him, witnessed and notorized, but only recorded after my death? Thanks
Hi akrams,
If the quitclaim deed is signed now, but recorded later, it might not be considered valid. It is always better to not delay recording the deed, once it is signed and notarized. If you want to retain the ownership of the property at present and give it to your son upon your death, a will is the best possible way. Contact an attorney and get a will drafted by him. Upon your death, your son will get the ownership of the property as per the instructions given by you in the will.
Thanks,
Jerry
If the quitclaim deed is signed now, but recorded later, it might not be considered valid. It is always better to not delay recording the deed, once it is signed and notarized. If you want to retain the ownership of the property at present and give it to your son upon your death, a will is the best possible way. Contact an attorney and get a will drafted by him. Upon your death, your son will get the ownership of the property as per the instructions given by you in the will.
Thanks,
Jerry