QUESTION

when is a life estate deed considered delivered

Asked on Jun 25th, 2015 on Trusts and Estates - Georgia
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Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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A life estate is delivred when the executor or the grantor allows for the habitation of the property by clearing those not authoirzed to be there, and then by delivering a key to the residence.
Answered on Jun 26th, 2015 at 1:04 PM

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Wills Attorney serving Alpharetta, GA
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A deed of any type is not normally considered to have been delivered until it has been handed to the person who is receiving property under it. If the deed creates a life estate in one person with a remainder in others, then the holder of the life estate must receive the deed. It would also be a good idea to ensure that the remainder beneficiaries also receive the deed. However, if the deed is recorded in the proper Superior Court record (for Georgia--other states may have other recording offices), then the deed is generally presumed to have been delivered properly. It is never a good idea to execute a deed and then hold onto it for delivery and recording at some later date. If the transfer isn't desirable at the moment the deed is signed, then don't sign it at all. Many people sign deeds to others (for example, to children), and then hide the deed away. The thought is generally that the children will be able to record the deed after the parent's death and then avoid probate and creditors with regard to the property. That does not work. Instead, the failure to deliver the deed and record it creates a lot of other issues, and it generally means that no transfer happened, or that a transfer happened, but creditors had no notice and so it does not hold up against them.
Answered on Jun 26th, 2015 at 12:55 PM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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