Agent

Property transfer upon death made simple

But quit claim deed a bad substitute for living trust
Published on Feb 2, 2004

DEAR BOB: When I die, I want to leave my house to one of my sisters. But I wish to avoid probate costs and delays. Rather than spend the money on a living trust, which you often recommend, I want to fill out a quit claim deed and sign my house over to my sister. However, she won't learn of this until my death (I will keep a copy with my will, which I will give to a trusted brother). Will my sister still be able to record my quit claim deed years from now (after my death) or is there a statute of limitation? She is an attorney and very bright – Gloria Z. DEAR GLORIA: You earn an "A" for creative thinking. But you receive an "F" for your idea because it is illegal. The reason is a valid deed must be unconditionally delivered during the grantor's lifetime. Purchase Bob Bruss reports online. Your preparing a quit claim deed and keeping it with your will means you have not delivered the deed to the grantee unconditionally during your lifetime. The legal result is that quit claim...

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