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System2
Feb 27, 2009, 08:01 PM
My question is- My mom recently died and I am currently named to be her executor in her will and had to retain an attorney to handle the probate.
Upon bringing her all the necessary paperwork, she asked to retain the original deed to the house. Should I have left the original since she is now my attorney or should I ask for it back and leave her with a copy?
If anyone has any answers/suggestions I'd appreciate it.
Thanks
S2

ScottGem
Feb 27, 2009, 08:04 PM
Get a receipt for the deed. As long as you have that, no problem.

LisaB4657
Feb 27, 2009, 08:05 PM
As long as the original deed was recorded in the county clerk's office then it's OK that you don't have the original or a copy. You can always get a certified copy from the clerk's office. Of course the original may have sentimental value for you. If so then by all means ask her to return it when probate is done. But from a legal point of view it's not necessary to have it.

System2
Feb 27, 2009, 08:21 PM
Wow, that was fast, thank you both so much for the quick responses!

Fr_Chuck
Feb 27, 2009, 09:05 PM
And actually the "orginal" deed is filed at the court house, and what you will have is a certified copy or one that has been stamped by the recorder of deeds ( forget the name for it)

But yes get reciepts for anything you give an attorney,

System2
Feb 27, 2009, 09:30 PM
Yes, I do see on my copy that it was stamped "filed" by the county clerk.
Thanks!