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  1. #1
    Join Date
    Jul 2010
    Location
    Nor. Cal
    Posts
    6

    Default Effect of a Quit Claim Deed, Executed but Not Registered

    My question involves real estate located in the State of: california

    I was wondering if anybody can help me with this situation involving the rightful owner of a property. My mother is married and is living with her husband who unfortunately passed away recently. The title of the property is under her husband and his brother. Prior to my mom's husband's untimely death, he had a settled agreement with the brother and signed a quit claim deed on the property, signed, notarized, but i believe wasn't filed though i'm not sure.

    Now my mom receives something from a lawyer representing her brother-in-law a couple of months after her husband's passing stating that he planned to sell the property and for her to start moving out. This letter came with a copy of a will that suddenly just came from nowhere. Much to my mom's surprise because we knew her husband's plans with the property. Now this is a tough situation, and it's really difficult on my mom and hard on me as well because we don't know what to do. We've consulted with several lawyers, but none showed concern or promise. Not that we plan to challenge the authenticity of the will knowing it isn't. I just wouldn't know what to do, my mom and i have never felt this way being in this situation, and to top it off not being familiar with all this legal stuff. And by the way, the brother-in-law's lawyer i don't think knows about the quit claim deed. So if anybody can help, i'd gladly appreciate it. Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Effect of a Quit Claim Deed, Executed but Not Registered

    If property is transferred to somebody who takes in good faith with no knowledge of a prior, unrecorded quitclaim, the person to whom the property was quit claimed but who chose not to register the deed will probably find himself out of luck. Beyond that, you haven't even told us to whom the property was quit claimed or how that ties into the estate issues.

  3. #3
    Join Date
    Jul 2010
    Location
    Nor. Cal
    Posts
    6

    Default Re: Effect of a Quit Claim Deed, Executed but Not Registered

    I'm sorry, i should have made it clearer. It's my mother's husband's brother who released his half to my mother's husband. And i also wanted to clarify about the will mentioned above that there was nothing that mentioned the property to be given to him if he happened to pass away. And a descision hasn't been made if there should be probate proceedings. Thanks for the reply.

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