Legal Question in Wills and Trusts in Georgia

Whether a deed that was signed but never recorded can or should be recorded now is a complex legal question that requires a lawyer to read the trust agreement, the deed, and get other facts. The failure to record a deed suggests no attorney was used, so you may compound past possible mistakes by continuing to not see a lawyer.

Assuming that there has been nothing recorded in the interim, the answer is probably, but I have no idea of what was done and why the deed was never recorded. I also don't know the timing of events. Given all the unknowns, its best to see a probate attorney in the county/state where your mother resided. The attorney can review the deed and trust instrument. Ideally, the person who speaks with the attorney should be the person appointed by the trust as the successor trustee. I don't if there are any assets to probate, but the trustee should discuss this with the attorney as well as determine whether the deed should be filed.