Can a quit claim deed be recorded after the grantors death?

Author Message
Icon Mini Profile gailsoave




Joined: 24 Feb 2007

Posts: 1

1.31 Dollars($)
PostPosted: Sat Feb 24, 2007 8:06 am    Post subject: Can a quit claim deed be recorded after the grantors death?

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?
Icon Mini Profile adonis
adonis



Joined: 22 Oct 2005



Posts: 4719
Location: ALASKA
255.10 Dollars($)
PostPosted: Mon Feb 26, 2007 12:47 am    Post subject:

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.

_________________
Procrastination is the enemy of your financial success
Icon Mini Profile colin
colin
Moderator


Joined: 30 Jun 2006

Posts: 602
Location: Waltham, Massachusetts
112.65 Dollars($)
PostPosted: Mon Feb 26, 2007 12:42 pm    Post subject:

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
akrams

Guest






PostPosted: Fri Nov 20, 2009 3:56 pm    Post subject: filing a quit claim in Alaska, after death

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
Icon Mini Profile jerry
jerry
Moderator


Joined: 17 Oct 2005



Posts: 1848
Location: MICHIGAN
283.45 Dollars($)
PostPosted: Sat Nov 21, 2009 4:56 am    Post subject:

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
Quick Reply
Your Name
Subject
Message body

All times are GMT - 7 Hours
Page 1 of 1

 
Highlights
Helpful References
Mortgage Guide
Mortgage Terms
Mortgage News
Book Center
Shop and Compare lenders
30 Yr. Fixed Vs. 5/1 ARM


Calculators     [View all]
Are you eligible for loan?
How much you can afford?
Calculate monthly payment
Calculate APR


Financial Tools
Credit Repair Tool New
Mortgage Planner
Simple Budgeting Tool


Our Community
MortgageFit Blog
Community Professionals
Community Rewards
Introduce yourself
Website tools


Community Rewards
Five simple ways to earn money with the Mortgage Community.

MortgageFit Live Help

Explore the lender near you

Google Map Image

MF Talk



DebtConsolidationCare    Insurance community: We Make You Insurance Smart    CreditMagic: Helping you build up credit


We have chosen to apply the Creative Commons Attribution License to all works we publish. This work is licensed under cc by 2.0
Website Feedback
Feedback Analytics