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hlsinkher · Joined: 24 Feb 2010 Posts: 1 1.40 Dollars($)

I live in the state of Florida. My brother has proven to the family that he can not be trusted and greed has taken over. His wife works for a large legal firm and has cheated my mother out of a large inheritance without her knowing until this person whom was suppose to leave things to my mother died. Mom even has a will saying so but my brother and his wife have an UPDATED will. My mother has told my brother that she is leaving everything to me (her daughter). My mom has signed a quit claim deed leaving everything to me. I am confused about how this works. She was told that upon her death all I have to do is call her attorney and tell them to record the deed and it will be in my name starting on the date she SIGNED the quit claim and my brother can have no claims to the home. Is this true or is there a way that my brother can worm his way in and put a claim on the house?

adonis · Posted: Wed Feb 24, 2010 8:34 pm Post subject:

Hi hlsinkher,

If your mother has already signed a quit claim deed in your favor, then it would be better to record the deed while your mother is alive. As the deed comes into effect during the lifetime of the grantor, you would become the owner of the property after the deed is recorded. Thus, your brother will not be able to claim any interest in your mother's property.

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Can a quit claim be back dated?