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Re: quitclaim deeds after death

Posted by Rick Harmon on June 15, 2010 at 11:21 AM

In Reply to: quitclaim deeds after death posted by Jeremy on June 15, 2010 at 10:34 AM

Probably attorney time, at least to sort things out.

The big question is if Daughter is willing to cooperate. Also, you don't indicate who the man named as beneficiary of the trust, merely that Daughter is named as successor trustee. Someone else could come along and get a court order naming them as successor trustee should Daughter fail to act and tranfer trust assets to the unknown bene.

Title companies will have a fit either way you try to clear title unless everyone and the bene's sign off.

Did he use QC deeds to fund the trust (transfer property into the trust)? Perhaps this would be viewed that if delivery and acceptance of the prior QC deed(s) to tenant were valid, despite lack of consideration and recording, then the trust funding could be in question.

Sounds to me like you'll need to Quiet title at minimum, or maybe have a fight with the Daughter and/or undisclosed bene.



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