My question involves real estate located in the State of: California
My dad signed a Quitclaim deed placing him and i as joint tenants with right of survivorship one year prior to his passing, he also made a will and placed me as POA at that time. The Quitclaim deed was signed and notarized I was to record it immediately upon his death. 1 Month prior to his passing without anyone knowing another brother got him to sign a QCD for the same property to him. I inturn did as my father requested and immediately recorded the orginal QCD upon my dads death. What my brother did was wrong but I thought I was out of luck and the property was lost to him but when I spoke to the CA County assesors office they said that Once deeds are recorded they go by the date signed and notarized not the date filed. What she said is that my brother and I are 50/50 owners of the property because when my dad signed the second deed he had already given up his right to half the property when he signed the first one. Is this correct? And if I am 50% owner can I QCD my share to my sister as that was the intent for it to be shared. My brother has a criminal record and my dad didnt want anything in him name and my sister is ill.