Agent

Attorney gives startling advice on deeding real estate

Is a quit claim deed just as good as a living trust?
Published on Jul 25, 2005

DEAR BOB: I recently talked to a lawyer about putting my house into a living trust to avoid probate, as you often suggest. He said there is no need to go to the expense of creating a living trust. I was advised to just have a quit claim deed prepared and keep it with my important documents. When I die, he says the quit claim deed will be found and then the person named will be able to receive my house without having to go through probate. Does this sound legitimate to you? – Heidi B. DEAR HEIDI: I am shocked a fellow attorney would give such advice. If a quit claim deed, or any type of deed, is not delivered unconditionally to the grantee during the grantor's lifetime, it is not a valid complete delivery of the deed. Purchase Bob Bruss reports online. In other words, you still control the property and can sell or refinance it. After your death, an undelivered quit claim deed found with your papers can be challenged by your heirs and creditors. I suspect that attorney either w...

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