Skip to main content
Message Font: Serif | Sans-Serif
 
No. of Recommendations: 2
irasmilo: "I'm not a lawyer, but I would tend to agree. The main issue in this set of facts revolves around whether the completed gift is made when the mother executes the quit claim deed or not until the deed is recorded."

I am lawyer, but this is not legal advice! In general, a deed is effective between the parties when it is executed, and delivered to and accepted by the grantee.

Recording the deed generally has nothing to do with the effectiveness of the deed between the parties to the deed. Recording the deed usually protects the grantees by precluding anyone else from being a BFP - bona fide purchaser, for value, without notice.

Please note that there are at least three different type of rules regarding recording and/or notice - race (as in first to file), notice, and race-notice.

These are state law issues.

Off the top of my head, I am unsure whether a deed delivered post-morten can be effective. Seems like through the haze aI remember this a law school question.

In addition, as others have noted, contary to OP's original post, his mother did have an estate for estate tax purposes, which none of the trnasaction OP described would change. but it was described as below the the minimum for estate tax being due.

I also wonder how OP and OP's mother would have felt if a judgement creditor had obtained one of the other siling's undivided interest in the property and forced a sale?

"A subsidiary issue might be whether the mother could have avoided a potential lien by recording a previously executed quit claim deed."

Probably not. See limited discussion regarding BFP above.

"My point in all this is that the answers to these two questions will be determined by state law, not federal law. So anyone contemplating a similar transfer had better know their local laws BEFORE doing anything."

AGREE WHOLEHEARTEDLY.

Regards, JAFO

Print the post  

Announcements

Disclaimer:
In accordance with IRS Circular 230, you cannot use the contents of any post on The Motley Fool's message boards to avoid tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions.
What was Your Dumbest Investment?
Share it with us -- and learn from others' stories of flubs.
When Life Gives You Lemons
We all have had hardships and made poor decisions. The important thing is how we respond and grow. Read the story of a Fool who started from nothing, and looks to gain everything.
Contact Us
Contact Customer Service and other Fool departments here.
Work for Fools?
Winner of the Washingtonian great places to work, and Glassdoor #1 Company to Work For 2015! Have access to all of TMF's online and email products for FREE, and be paid for your contributions to TMF! Click the link and start your Fool career.