Posted on: 22nd Oct, 2013 10:45 am
wanting to avoid probate...can an owner make a qui claim deed to another person, but not record it, but then the new owner can record AFTER the owner dies? and proceed with contract agreements?is this legal and accepted for real estate contracts?
Hi duplexdame,
The deed should be recorded in the lifetime of the grantor. If the new owners does not record it during the lifetime of the grantor, he should get in touch with a real estate attorney and take his opinion in that matter.
Thanks
The deed should be recorded in the lifetime of the grantor. If the new owners does not record it during the lifetime of the grantor, he should get in touch with a real estate attorney and take his opinion in that matter.
Thanks
Hi duplexdame!
Welcome to the forums!
Yes, as James has said, it will be better to get in touch with a real estate attorney in this regard.
Sussane
Welcome to the forums!
Yes, as James has said, it will be better to get in touch with a real estate attorney in this regard.
Sussane
Failure or delay in recording a deed does not affect the validity of that deed. The purpose of recording a deed is to give notice to others of the transfer. This becomes important in the case of multiple transfers. In your case, if the owner dies and the court is not on notice of your transfer it may transfer the property to the previous owner's heirs. To correct this mess would be expensive.