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  1. #1
    RandyL712 Guest

    Recording quit claim deed on mother's house after her death

    What is the name of your state? COLORADO

    My mom moved into her home in 1996 along with my sister and I, her only children (she had just gotten divorced) and she recorded a quit-claim deed on the home to herself, my sister and me (joint tenancy) as we all lived there and all pitched in everywhere.

    She passed away in 11/2002, and we discovered that the deed had not been recorded properly because the legal description was incorrect (Said LOT D when it's really LOT 1).

    So, we have the copy that was made when we originally signed it and notarized it now, and a county clerk that will gladly record it now for us using this copy.

    My question is: if we record this deed, and then sell the home, the title company will surely realize that we recorded the deed after my mother's death. Any caveats? Any potentially broken laws? I want to stress that this is not fraudulent in any way, we would just be recording the deed that we all THOUGHT was recorded long ago, to keep the house from going to creditors through my mother's estate.
  2. #2
    HomeGuru is offline Senior Member
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    Re: Recording quit claim deed on mother's house after her death

    [QUOTE]Originally posted by RandyL712
    [B]What is the name of your state? COLORADO

    My mom moved into her home in 1996 along with my sister and I, her only children (she had just gotten divorced) and she recorded a quit-claim deed on the home to herself, my sister and me (joint tenancy) as we all lived there and all pitched in everywhere.

    She passed away in 11/2002, and we discovered that the deed had not been recorded properly because the legal description was incorrect (Said LOT D when it's really LOT 1).

    So, we have the copy that was made when we originally signed it and notarized it now, and a county clerk that will gladly record it now for us using this copy.

    My question is: if we record this deed, and then sell the home, the title company will surely realize that we recorded the deed after my mother's death. Any caveats? Any potentially broken laws? I want to stress that this is not fraudulent in any way, we would just be recording the deed that we all THOUGHT was recorded long ago, to keep the house from going to creditors through my mother's estate.

    **A: since the property was in JT, the creditor issue is moot because the estate has no interest in the property.
  3. #3
    RandyL712 Guest
    HomeGuru said:

    since the property was in JT, the creditor issue is moot because the estate has no interest in the property.

    Well, right now it's just in her name. We haven't recorded the QC deed yet and I want to make sure I CAN and put the house into JT with my sister and I (And my deceased mother).
  4. #4
    HomeGuru is offline Senior Member
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    [QUOTE]Originally posted by RandyL712
    [B]HomeGuru said:

    since the property was in JT, the creditor issue is moot because the estate has no interest in the property.

    Well, right now it's just in her name.

    **A: not true. You said that she made a deed that was recorded.
    Therefore there is a deed with the incorrect legal description. The recording was not faulty, the legal description on the deed was.
    *************

    We haven't recorded the QC deed yet and I want to make sure I CAN and put the house into JT with my sister and I (And my deceased mother).

    **A: no, that will not work. You cannot deed a property to a deceased person. Plus that, if you do, the property would be subject to action from creditors. You need to get an attorney to do it correctly.
  5. #5
    RandyL712 Guest
    Perhaps I haven't been clear. There is no deed currently recorded. We sent it in back in 1996 or 1997, but it wasn't recorded due to the improper legal description. The county has no record of it at all, all that remains is a copy and my sisters and my memory of the deed being mailed in.

    So I'm asking, because we CAN physically record this copy right now, should I? If I don't, the house is JUST in her name and it all goes to the creditors If I do, the house is my sisters and mine and it stays out of probate.

    Does that make sense?
  6. #6
    HomeGuru is offline Senior Member
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    [QUOTE]Originally posted by RandyL712
    [B]Perhaps I haven't been clear. There is no deed currently recorded. We sent it in back in 1996 or 1997, but it wasn't recorded due to the improper legal description. The county has no record of it at all, all that remains is a copy and my sisters and my memory of the deed being mailed in.

    So I'm asking, because we CAN physically record this copy right now, should I? If I don't, the house is JUST in her name and it all goes to the creditors If I do, the house is my sisters and mine and it stays out of probate.

    Does that make sense?

    **A: ok, now finally the facts are in evidence.
    I suggest you hire an attorney because your situation is very complicated. If you had the original fully deed, you would have a better chance. If you have a copy of the fully executed original deed, a good attorney can file a complaint in Probate Court to recognize the transfer of ownership at the time the unrecorded deed was signed.
  7. #7
    RandyL712 Guest
    I am under the impression that I have basically nothing to lose by having the deed recorded and proceeding with the sale of the house and the opening of the estate. Worst case scenario would basically be the same as if we didn't record the deed and put the house into the probate / estate process, right?
  8. #8
    HomeGuru is offline Senior Member
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    [QUOTE]Originally posted by RandyL712
    [B]I am under the impression that I have basically nothing to lose by having the deed recorded and proceeding with the sale of the house and the opening of the estate. Worst case scenario would basically be the same as if we didn't record the deed and put the house into the probate / estate process, right?

    **A: no, it is much more complicated than that and you would need intimate knowledge of real estate, trust, contract and estate laws in order to make a determination. Would you want the creditors claiming fraud and seeking civil and criminal sanctions?

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