Legal Question in Wills and Trusts in New York

Does quitclaim deed of home to 3 kids

The deed was signed and notorized in 2004. But not filed yet.

Does this protect the home from creditor liens when my Mom passes away?

Family members are trying to get her to do a bankruptcy ( Ch7 )

But if the home is no longer her ''assett'' does it matter? Where could creditors attach a lien?

Please advise..We need to make some decsions very soon.


Asked on 2/19/07, 9:12 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Does quitclaim deed of home to 3 kids

UNRECORDED DEED PROVIDES NO PROTECTION. RECORDING IT NOW MIGHT HELP, BUT IF THERE ARE LARGE CREDITORS, THEY WILL PROBABLY ARGUE THE LATE RECORDING IS A FRAUD ON CREDITORS. BEST IS TO TALK TO A GOOD LOCAL BANKRUPTCY ATTORNEY.

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Answered on 2/19/07, 10:52 am


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