<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by florence:
My grandfather quit claimed his house to dad with rights of survivorship, (when he was visiting For Christmas) it was notarized with witnesses. Neither one of them had it filed, and now my grandfather passed away. Can it be filed now? Or will my dad have to go through probate? Grandfather left him the house in his will, THANKS<HR></BLOCKQUOTE>
My response:
Once Grandfather signed the quitclaim, at that very moment in time, he transfered or "released" to your Dad (the transferee) whatever present right or interest Grandfather (the grantor) had in the described property. Unlike a grant deed, a quitclaim deed carries with it no express or implied covenants. [City of Manhattan Beach v. Super.Ct. (Farquhar) (1996) 13 Cal.4th 232, 239, 52 Cal.Rptr.2d 82, 86]
The property was always your Dad's property, right after Grandfather signed, and from that moment, it went from Grandfather's estate, to Dad's estate, allowing Dad to sell it, keep it, bequeath it, or whatever Dad wanted (or wants) to do with the home. Go ahead and record the quitclaim deed. Recording a deed merely places "the world on Notice" of what had transpired between Grandfather and your Dad, and lets everyone know that your father has good title to the home. That's all. So, rather than your deceased Grandfather still getting those goofy offers in the mail to refinance the house, now your Dad will get them in his name. Why, because financial institutions look at the records of ownership in the County Recorder's Office.
IAAL
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