Ilyce Glink and Samuel J. Tamkin

Q: My pal signed a quitclaim deed to her husband in situation they had been to get divorced. Very last year, he unexpectedly died owing to a coronary heart assault and other troubles. Does the quitclaim deed even now keep? If it does, the title to the residence is in his identify only. He was a bad income manager, and she did not want to incur his debts, so even submitting taxes ended up individual.

If the quitclaim deed is valid, will she get nearly anything? There was no will. There are 4 adult young children from his prior marriages. I’m trying to assistance her recognize her possibilities.

Without the recording or filing of the deed during the recipient’s lifetime, the deed may no longer be valid.

A: We’re sorry for your friend’s decline. Your pal will have to have experienced a fairly bumpy connection with her spouse to quitclaim her dwelling to him while they were still married. That kind of action flies in the encounter of conventional wisdom and financial management.

So, your friend gave the deed to her spouse. Do you know if he recorded the deed or simply just held onto it? If it didn’t get recorded, it would not be valid. It also appears that the deed was presented conditionally, issue to a divorce. Given that he died ahead of they got divorced, the deed may perhaps no more time be needed and would not get recorded now.