Advice On Quick Claim Deed
My brother and I have title to my father home. 7 years ago I signed a quick claim deed back to my father. Later he hired a conservator to oversee estate but she has been selling off all assets. Fortunately the home was never recorded. Can I do another quick claim deed to my wife or what advice can you provied to protect my intrest in this asset? Thanks
Sounds like you have NO legal interest in the property.
If you QUIT (not quick) claimed it to your father, that left you with no interest.
Right?
But if that deed not only wasn't ever recorded, and it never turns up, then you could proceed as though it never happened.
Lots of signed documents are in fact, quite legally ignored. Such as a last will that the heirs elect and choose and agree NOT to probate after death of the person who executed the will. This is a very common situation and every lawyer who's ever drafted a will knows of some occasions where the heirs chose to ignore that will.
So just because you gave him a deed, if he chose never to record it, and if it now has disappeared, and you are the only legally competent party to it, you could safely ignore it and, in effect, it never happened.
I once sold a property to a guy who, so far as I could ever determine, never recorded it...trying to hide it for some reason known only to him I suppose.
I kept getting the tax statements, and just forwarded them to him for payment.
You don't say whether father is living or deceased, but if he's now deceased, it sounds like maybe you and your brother have now inherited your father's interest in that property, and if that's the case, you got it back from father...so one way or the other it appears it's yours again, at least in part..
Thanks for the information, Yes, my father is alive and the estate is under a conservatorship. You mention Quit vs Quick claim. I sign a Quick Claim deed that was never recorded.
thanks
Sorry, we seem to be missing something here.
NO SUCH THING as "quick" claim deed.
And whatever deed you signed, although not recorded up to now, could be recorded anytime your dad or the conservator elects, if it's in their possession.
Pardon me your right Quit Claim. Thanks for your help.