Quitclaim held until death

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Icon Mini Profile jesse89148




Joined: 27 Aug 2008

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PostPosted: Wed Aug 27, 2008 3:52 am    Post subject: Quitclaim held until death

I own a house as my sole and seperate property. I want to prepare a quitclaim deed transfering the house to my current spouse and adult son to be recorded after my death. Is there a problem with them recording a quitclaim after my death. I live in Nevada.
Icon Mini Profile sara
sara
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PostPosted: Wed Aug 27, 2008 5:23 am    Post subject: RE: record deed after death?

Hi Jesse,

I guess a quitclaim deed should be recorded within a time period after it is signed. the time period varies from one state to another. But the deed can't be recorded after death. What you can use instead, is a transfer-on-death deed or beneficiary deed.

Take care
Icon Mini Profile Jessica
Jessica
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PostPosted: Wed Aug 27, 2008 6:35 am    Post subject: RE:

Hi jesse,

You can use a quitclaim deed in this scenario but you should retain a life estate on the property. The life estate will help you retain ownership rights till your death. But if you'd like to sell property during your lifetime, you'll have to take the consent of your heirs. Upon your death, the heirs can take over ownership rights.

Alternatively, you can use a lady bird deed provided it is approved by your state.

Regards,

Jessica

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Icon Mini Profile jheard
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PostPosted: Wed Aug 27, 2008 7:13 am    Post subject:

The better way is to have a will which transfers the property.

But, the way you describe is legal and will work. Make sure the deed is notarized and delivered to the grantees.

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Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation.
Icon Mini Profile jesse89148




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PostPosted: Thu Aug 28, 2008 12:59 am    Post subject: Thanks

Thank you to all of you who took the time to respond. I appreciate your help.
Icon Mini Profile liaoyu03




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PostPosted: Tue Sep 02, 2008 8:12 pm    Post subject:

if you use a quit claim deed to transfer your real property, i suggest that you'd better also place a life estate on the real property. It will make you to own the property untill you are gone.
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