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Can I file a quit claim deed contract after my father's death?

8 answers | Last updated: Sep 10, 2014
Q
turk asked...
My father signed over to me a quit claim deed on three homes before he died . I never filed them. Is this still a legal contract and can I file it after his death?
 

Answers
Caring.com User - Denis Clifford
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Denis Clifford is a lawyer specializing in estate planning. A graduate of Columbia Law School, where he was an editor of the Law Review...
33% helpful
answered...

You question is whether you can file quit claims deeds after your father's death. If the deeds were properly executed under the state law where the real estate is, those deeds should remain valid under that state's law even after your father died. Therefore you could legally file and record them. Each state's law defines what is required to make a deed valid and recordable. In most all states, the deed must be signed and dated by the former owner, contain a legal description of the real estate, and be notarized.

 

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An anonymous caregiver answered...

Why would an heir not file the quit claim deeds before the father's death? Is a quit claim deed a way of transferring property without the other heirs knowing the assets have been given away? Is an unfiled quit claim deed a way of avoiding taxes? I have been told by a family member that my husband's mother has given her houses to his siblings. These properties are the bulk of her Estate. The County tax department says the properties are still listed in her name and are still taxed at the lower senior citizen rates. I've been trying to learn how the siblings could get ownership of the homes without the titles being changed.

 

100% helpful
cmacp answered...

If my mother in law gave the other siblings Quit Claim Deeds, and they did not file them - I can't check the terms of the deeds. It seems strange that un-filed deeds, not on public record, can be legal.That's what I'm trying to find out. From the little I'm larning it appears that an elder parent can be talked into signing over the house deed in secret. Upon death, the sibling(s) have stolen the inheritance. If anyone knows please answer.

 

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33% helpful
An anonymous caregiver answered...

I made a quit claim deed to a family member, Notarized, signed, but not delivered. He will not have access to it until my death. When, is up to God. Will he be able to file it after my death? I have no plans on dieing any time soon

 

arrigo answered...

One reason to do this is so that the person or persons in question get the property without hassles. If the parent is still living there, why would anyone want to file the deed of transfer. Yes the property tax would probably increase. But if the parent still owns it, and resides there, she needs to keep the title in her name. The only question remaining is if the Quit Claim Deed were dated several years before the death of the owner, would it still be valid when filed at a later date?

 

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An anonymous caregiver answered...

I have a similar situation where my significant other passed away unexpectedly before a quit claim he had completed was recorded. It was notarized etc. but just not recorded with town yet. Now the issue is who signs the Real Estate Conveyance form required by town clerk to record the deed.

 

 
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