Legal Question in Wills and Trusts in Massachusetts
Re: Quitclaim Deed.
My aunt executed a quitclaim deed to her grandson in December 2010 for her 1/3 interest in a summer cottage, and it was never recorded. She passed away in June 2011 and her will directs all her propertiy including any real estate to be divided equally between her 3 children. The will was not presented by the grandson for probate until July 2012 (more than 1 year after her death), was the property still part of her estate at the time of her death since the deed was not recorded and nobody was aware of it? Who is responsible for the as yet unpaid property taxes?
1 Answer from Attorneys
Without conducting further research, it is my understanding that the transfer of ownership was effective upon your aunt's signing the deed. In Massachusetts, a deed does not need to be recorded in order to be effective as between the parties. If the home has not been sold or transferred to another party, you may still have a right to one-third ownership in the property. However, if the property was sold or transferred in good faith, with neither the seller nor the purchaser having any knowledge of this unrecorded deed, you will not have as strong a case, if at all. The answer to the ownership question will also answer the property tax obligation question. My office handles real estate disputes, including partitions, and I would be happy to speak with you further.
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