Executor Transfer of Property through Quit Claim

Guest 0.10 Dollars($)

A Quit Claim Deed was prepared as Executrix of my husband's estate deeding over acreage to his two daughters. The lawyer who drew this up says it is legal. However, now after a year the deed has not been recorded and taxes are still in my husband's name, with me as Executor responsible. When I asked why they were not recorded I was told they were not legal, that the property had to be in my name then theirs. The attorney says I will have to be responsible for capital gains if I do this. What are the financial obligations to the property being put in my name and then deeding it over to them? I would like to have them have this property with as little cost to either of us.

Thank you

Sarah Jo

Guest 0.10 Dollars($)

I don't know the state from which you are in? depending uponb the state laws, the quitclaim deed may or may not be valid if it is not recorded within a specific time period.

jenkin7 · Joined: 04 Jun 2007 Posts: 939 140.77 Dollars($)

Hello Sarah,

This is a real confusing situation. The lawyer who drafted the deed said it's legal while the other is saying it's illegal. Didn't you ask the attorney why the deed is illegal? In that case, I think you should take a third opinion and clarify this to make the necessary changes.

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