Legal Question in Wills and Trusts in California
Is a Quitclaim deed valid on signing date or filing date?
*Clara, a widow, purchased property in 1963.She was the only name on the grant deed and on the business she established on the property for over 20 years.*Clara had one brother Franklyn, who died in 1977 leaving one daughter as her sole surviving next of kin.*When Clara died in 1989, William, her spouse, informed Clara's sole surviving next of kin that Clara had signed over her property to William many years prior so ''there was no need to go through probate.''*Because Clara had been suffering from ''senile dementia''-listed on death certificate-for several years prior to her death, Clara's next of kin, who lived outside of Los Angeles County, did not dispute.*When William died in 2003, Clara's next of kin discovered several documents:a.Quitclaim deed that was not filed until over six months after Clara died.b.Quitclaim deed erroneously listing William as a property owner along with Clara, transferred all property to William, however, deed was not filed until over six months after Clara died.c.William transferred all property into a trust in Dec.,1999.Question:Is Quitclaim deed valid the day it is signed or the day it is filed? If it is not valid until filed with the court, then did she die owning the property?
2 Answers from Attorneys
Re: Is a Quitclaim deed valid on signing date or filing date?
The deed, as with most documents, was validated when she signed it.
You question is a little convoluted, perhaps a more detailed explanation may assist me in making a better determination. Additionally, as Atty. Koenen stated, there may be other issues that can invalidate the transfer.
Please feel free to contact me to discuss this issue further at 626-578-0708 or online through our firm's website at www.No-Probate.com
Re: Is a Quitclaim deed valid on signing date or filing date?
Aquit claim deed (or any other deed) is valid when it is signed and delivered to the party to whom it is deeded. Recording only notifies the rest of the world.
If she was suffering from dimentia or was otherwise unable to realize what she was doing, the deed may be invalid.
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