Posted on: 22nd Dec, 2006 01:04 pm
My sister passed away 2 months ago from a breif fight with cancer. (six weeks, age 50). Before she died she quit claim our fathers land to my brother and this was okay with the rest of kids. Then 3 weeks later my brother finds out he has cancer and dies 5 weeks later. He quit claims the land to me before he dies. I was so busy nursing him I didn't take the first deed to be filed. Now here I am trying to file the first deed to my brother after my brothers death. Is that legal. I live in Arkansas and thought I would file the first one before the last. What a horible 3 months. :?
Greetings Sandy,
First let me say how terribly sorry I am to hear about your sister and your brother. I can't imagine the emotional stress you must be under. I can only offer my condolence and prayers to you and your family.
Regarding the quitclaim deeds, you may want to check with an attorney. Here in CA a deed does NOT have to be recorded to be valid. While recording a deed does give "constructive notice," there are other ways to do the same thing without recording.
I believe some states have statutes requiring deeds to be recorded within a certain time period, or they are presumed not to be valid. But CA, for example, does not fix such a time frame.
Again, I would suggest consulting an attorney in the state where the property is located to determine the validity of the deeds.
First let me say how terribly sorry I am to hear about your sister and your brother. I can't imagine the emotional stress you must be under. I can only offer my condolence and prayers to you and your family.
Regarding the quitclaim deeds, you may want to check with an attorney. Here in CA a deed does NOT have to be recorded to be valid. While recording a deed does give "constructive notice," there are other ways to do the same thing without recording.
I believe some states have statutes requiring deeds to be recorded within a certain time period, or they are presumed not to be valid. But CA, for example, does not fix such a time frame.
Again, I would suggest consulting an attorney in the state where the property is located to determine the validity of the deeds.
Some states do have some rules regarding when a quit claim deed should be filed so that it becomes valid. The best thing is to check out with your county recorder office as to whether you can file the deed.
who's on the title?
Hi Sandy,
Its really sad to hear what you have gone through. One needs great courage and endurance to deal with such situations.
Coming to your question, you may not be allowed to record the first deed. This will depend on your state laws actually. However, you may be permitted to record the second deed.
I think its better if you consult the offcials at the office of the Register of Deeds or an attorney.
Thanks,
Sara
Its really sad to hear what you have gone through. One needs great courage and endurance to deal with such situations.
Coming to your question, you may not be allowed to record the first deed. This will depend on your state laws actually. However, you may be permitted to record the second deed.
I think its better if you consult the offcials at the office of the Register of Deeds or an attorney.
Thanks,
Sara
My sister's was signed sealed to my brother but not delivered to the courthouse until his death. Thanks to me. When he found out there was no hope for him he signed and sealed the land to me so we could sale the 10 acres for his burial. We put the amount on a credit card. He had no wife or children so there is just us siblings working to close this part of our lives. Now I don't know Arkansas laws so I filed the first deed to him thinking once it cleared I could file the one to me. I think might have made a mistake so I was asking if anyone knew the Arkansas laws. My best friend didn't think I could do such a thing and I just don't know. I think I left my sisters and brother down on this one but there just wasn't any time.
I am not aware of the laws in Arkansas. But give me some time so that I can find it out.
Hi Sandy,
Welcome back.
The deed can be recorded even after the grantor has passed away, provided a notary public signs it and an attorney acts as the witness. As long as the deed is not forged after the death of the grantors, it can be recorded.
Thanks
Welcome back.
The deed can be recorded even after the grantor has passed away, provided a notary public signs it and an attorney acts as the witness. As long as the deed is not forged after the death of the grantors, it can be recorded.
Thanks
Well what is done is done. I can't fix it. Yea a lawyer drew it all up and I guess I'll call the court tommorow to ask the question. Maybe I am just in the habit of worrying lately. Doesn't help that the lawyer took his 3 week vacation now, but I should have my answer tommorow. I want to thank everyone for getting me through the weekend. Happy Holidays
Hi Sandy,
I can understood what you have gone through. But I must say, you have had great courage and patience to fight it alone.
As far as the property is concerned, legally you are the owner. But if there is any dispute, the courts will check as to who first recorded it. So, you need to record both the deeds. The deed from your brother to you is the significant one. But a question arises as to whether your brother had the authority to record the deed had he been alive.
The other question is whether your brother possessed the deed with him or it was found in your sister's safe. If he did not keep the deed with him, then it will be regarded as invalid.
Anyway, I feel its best to enquire at the court.
Happy holidays
Caron :)
I can understood what you have gone through. But I must say, you have had great courage and patience to fight it alone.
As far as the property is concerned, legally you are the owner. But if there is any dispute, the courts will check as to who first recorded it. So, you need to record both the deeds. The deed from your brother to you is the significant one. But a question arises as to whether your brother had the authority to record the deed had he been alive.
The other question is whether your brother possessed the deed with him or it was found in your sister's safe. If he did not keep the deed with him, then it will be regarded as invalid.
Anyway, I feel its best to enquire at the court.
Happy holidays
Caron :)
can a quit claim deed be signed over to more than one person? three brothers asking about their mother's property to protect her from losing it if she goes into a nursing home. Ohio law. we have been told only one person can be on the deed and also told oh no, more than one person can be on a quit claim deed. thank you
Hi Tobey,
Welcome to Mortgagefit forum.
Quit claim deed can be used for transferring property to more than one person. Your mother will be named as the grantor and the three brothers will be grantees in the quit claim deed form.
Colin
Welcome to Mortgagefit forum.
Quit claim deed can be used for transferring property to more than one person. Your mother will be named as the grantor and the three brothers will be grantees in the quit claim deed form.
Colin