Recording Quit Claim
My mother gave me a quit claim deed to her condo 4 months before she died. I didn't have it recorded until 4 months after she died. I have had title to the propety for 6 years. Now, I am selling the coop and the buyers lawyer wants to probate my mother's will before the sale. However, he apartment was technically in my name before she died and not part of the estate. Does the recording of the quit claim in this case effect the ownership? This happened in Florida.
I would need more information to be certain, but it is most likely that the buyer and probably his lender aren't able to obtain title insurance without the will being properly probated. ( To make sure any other potential hiers don't try to make a claim on the property.) Technicaly your right, if the quitclaim deed was executed properly it's yours, but that doesn't mean the title is considered "marketable". You have at least two problems 1. In the public records your mothers death certificate was prbably recorded before your q/c deed so it looks like a deceased person conveyed title. 2. Anyone who had a claim against the property may be able to argue that your mother wasn't of sound mind at the time she gave you the quit claim deed.
If you posted a little more info such as:
Was the property in question listed in the will? and to whom?
Are there any other potential hiers to the property? Have you been living there for the 6 years?
then I might be able to tell you more, but the only way to be sure on your next course of action would be for you or prefferably the buyer to apply for a title insurance policy, in which case they will do a title search and exam and give you exact requirements on what you need to have a marketable and insurable title.. Sorry this was so long, but it's a complicated situation and there are a lot of variables..
Thanks for the help. I decided to probate to move things along. Your information was invaluable. Thanks again, Bob
In what way have you "had title for 6 years"?