Legal Question in Real Estate Law in Arizona
Warranty Deed
Is a Warranty Deed a valid document transfering ownership of property from Father, to Father & Daughter (Joint Ownership)(Properly Notarized), but has not been recorded by the County in which the property is located???? Are there limitations on the time allowed to record such a document? In the event of death of the Father, can this document then be recorded by the Daughter???
2 Answers from Attorneys
Re: Warranty Deed
It sounds to me like Father wants Daughter to have his property when he dies, but not sooner. If that's the case, then Father should use a "Beneficiary Deed." A beneficiary deed will automatically transfer the property upon the death of the owner. Nothing changes while Father is alive. The Beneficiary Deed *MUST* be recorded before the owner dies. See Arizona Revised Statutes section 33-405.
If Father is trying to put together an estate plan (a Will, etc.) he should really see an estate planning attorney to make sure everything is done properly.
If that does not answer your question, then please post again and explain what you are trying to accomplish.
Re: Warranty Deed
The deed can be recorded later, but is this is for estate planning, to avoid probate, etc. there are dangers to the method used. See an estate attorney. We offer free initial consultations.
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