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

10 answers | Last updated: Mar 31, 2015
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?


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36% helpful
Denis Clifford 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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cmacp 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.


25% helpful
arrigo 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?


down and out 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.


Atteckus answered...

A deed is like any other instrument. Its making can be questioned. It may be a question of whether the grantor had the requisite capacity to make the deed, or whether the deed contains all of the statutorily required elements for validity, or whether the deed was procured through nefarious means, such as undue influence, the abuse of a fiduciary or confidential relationship, or duress. The fact that a posthumous deed can be recorded does not mean that it's effectiveness to convey the described property cannot be challenged.


try to help answered...

my understanding is that giving a quit claim deed to any one is a bad idea,,,because your basis in the property is transferred as well say you bought a property in 1940 for 20,000,,,,,,,its value has increased to 500,000 ,,,when your friend sells the property ,,,they pay capital gains tax on the difference $480,000.00 !!!!!! if it is an inheritance they pay nothing !!!