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    pgkelly50's Avatar
    pgkelly50 Posts: 1, Reputation: 1
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    #1

    Dec 5, 2008, 10:14 AM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 5, 2008, 10:17 AM

    Yes, With her death the deed may be considered invalid. Also, if you are trying to protect the house from medicare its too late.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Dec 5, 2008, 10:45 AM
    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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