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    bevers's Avatar
    bevers Posts: 1, Reputation: 1
    New Member

    Jan 21, 2010, 11:33 AM
    OK to record quitclaim 10 years later/8 yrs after death of grantee?
    A quitclaim deed was given to the family physician 2001. The deed was unrecorded. The grantor died in 2002, and her estate probated. The land in the quitclaim deed was divided among heirs. Heirs were unaware of the deed at the time the land was divided, nor did the grantee make anyone aware of the deed, even though he was aware of the death and subsequent probation of estate. The grantee eventually recorded the deed in 2010, which was the first time the executor of the grantor's estate was made aware of the deed.

    Does the quitclaim deed stay viable after the death of the grantor?

    Is there a time frame in which such quitclaim deeds must be recorded?

    Is there an obligation on the part of the grantee to notify heirs of the deed?

    Are grantee rights as conferred in the quitclaim deed waived if timely notification/recording is not made?

    Thank you for your advice and consideration.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,292, Reputation: 7691

    Jan 21, 2010, 07:28 PM

    It could be considered viable, BUT, the issue is it was never filed for years latter and the probate court, publishes and says anyone that has a claim needs to come forward.

    So the action of the probate court should make the quitclaim deed void.

    Since this property was considered and given thought the court, the court moves it free of any claims on the estate,

    If it was not that the property went though probate, it could still be valid, but while they can try, most likely the court will view it as void at this point.

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