QUESTION
Can I record a quitclaim deed that was made to myself and my husband a few months back from his sister even tho my husband just recently passed?
Asked on May 09th, 2019 on Real Estate - Kentucky
More details to this question:
My sister in law wanted my husband, her brother to have possession of her home and belongings if anything ever happened to her. She made a quitclaim deed to us but we never recorded it, thinking we would just do it at her death. Things changed. She was appointed a state guardianship a few months after signing the deed and was institutionalized at a nursing home. Also, just less than two weeks ago, my husband, her brother unexpectedly passed away. My name is listed as one of the grantees but I don't know what steps to take.
1 ANSWER
Aged and Aging Attorney serving Newport, KY
at
Elder Law Center of Northern Kentucky
Update Your Profile
Record the deed. Title passed when the deed was signed, not when it is recorded. I am assuming the deed gave you and your husband title with right of survivorship. If that is the case, you become the sole owner. If there is no survivorship, you will either have to have your husband's interest pass to you through probate of his will, or if he died inestate (without a wlll) by an affidavit of descent to be recorded in the real estate records.
Answered on May 21st, 2019 at 9:16 AM