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-   -   Unfiled warranty deed (https://www.askmehelpdesk.com/showthread.php?t=288727)

  • Dec 5, 2008, 10:14 AM
    pgkelly50
    Unfiled warranty deed
    Is there a problem, legal and estate wise, if my 82 yeqr old, seriously ill, mother deeds her home over to her children, with the deed being unfiled until her death.
  • Dec 5, 2008, 10:17 AM
    ScottGem

    Yes, With her death the deed may be considered invalid. Also, if you are trying to protect the house from medicare its too late.
  • Dec 5, 2008, 10:45 AM
    JudyKayTee
    Quote:

    Originally Posted by pgkelly50 View Post
    Is there a problem, legal and estate wise, if my 82 yeqr old, seriously ill, mother deeds her home over to her children, with the deed being unfiled until her death.



    A deceased person cannot convey property. It has to be done prior to death or by Will.

    If somehow the Deed gets recorded following death, it is fraud. If it were this easy everyone would have spare, signed Deeds on hand in order to avoid estate taxes.

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