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Quitclaim the day after a death, can the "state" take it

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Icon Mini Profile Gottoyotaparts





Joined: 17 Jul 2011

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Post Posted: Sun Jul 17, 2011 6:26 pm    Post subject: Quitclaim the day after a death, can the "state" t
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So I had a sick grandfather who didn't have anything but a house that he owned. He signed up for state healthcare coverage and aquired lots of medical bills as well as the large amount of money the state payed for him to be taken care of. Well he was sick for many years with cancer roughly 8 years before he passed away. My grand mother had the house quitclaim deeded to her about a year before his death, but didn't record the deed with the recorders office until the next morning of him passing. My question is will she be able to keep the house or will it be taken? Thanks for any help in advance.
Icon Mini Profile jameshogg
jameshogg




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Post Posted: Mon Jul 18, 2011 1:03 am    Post subject:
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Hi Gottoyotaparts,

Normally, the deed should be recorded at the county recorder's office when the grantor is alive. As the deed was recorded after the grantor's death, things may be different for your grandmother. I will suggest her to contact a real estate attorney and take his opinion in this matter.

Thanks
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Post Posted: Tue Jul 19, 2011 5:53 am    Post subject: Ok
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I was hopeing for a more direct definate answer for someone with a similar situation, that has experience with what could or would happen.
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Post Posted: Wed Jul 20, 2011 6:32 pm    Post subject:
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Would anyone else like to add any information?
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Icon Mini Profile Niicss
Niicss




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Post Posted: Thu Jul 21, 2011 12:18 am    Post subject:
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I agree with what James has said above. If the deed was not recorded before the death of the grantor, it may not be of any value. Consulting a real estate attorney will really be a good option.
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Post Posted: Thu Jul 21, 2011 1:33 pm    Post subject:
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Depends on what state you are in, California recognizes the date of signature as long as it was legally notarized.
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