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  1. #1

    Default Quit Claim and Deed Sucession

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

    Back in the 60's my parents and aunt and uncle purchased an undeveloped parcel. They were making shared payments until it was paid off to acquire the Deed into their names. The minimal amount paid for the property tax was always paid annually by my father.

    Moving forward to 1991 aunt and uncle were having financial difficulty. Parents decided to help them monetarily with the agreement they would both sign a Quit Claim Deed of their interest to them which was recorded. The Deed to the property is held in parents names with JT/RS.

    Father passed away in 1994. Death Certificate never recorded for the purpose of removing fathers name from the Deed.

    In 1999 mother agreed and signed a Quit Claim for a 1/3 to myself and wife with JT/RS and a 1/3 each to two brothers and wives also with JT/RS. Quit Claim was notarized but never recorded (Assessor's Office considers the Quit Claim Deed as a Drawer Deed) a Deed that sat in a drawer and never recorded.

    Moving forward again. In 2015 since both brothers and wives do not care about owing the property they've all signed Quit Claim Deeds of their 1/3 interest to myself and wife with JT/RS. They have also signed an Acceptance of Joint Tenant with Right of Survivorship created from the Quit Claim. Mother passed away in 2000. Still nothing recorded or Death Certificates.

    I am working on it.

    So, once the Quit Claims and Death Certificates are recorded in succession the Deed will go into my name and wives.

    So, hopefully this document will finish and finalize the Deed properly.

    I now have drafted a Joint Tenancy Deed with Rights of Survivorship (Husband and Wife to Husband and Wife) We are both the Grantee's and Grantor's conveying to ourselves. So, hopefully, is a correct document to follow the other documents to complete the Deed transfer correctly.

    Will look forward to responses to make sure I am using the last document to finalize the transfer incorrectly.

    Thanks

    DDSA

  2. #2
    Join Date
    Sep 2010
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    Default Re: Quit Claim and Deed Sucession

    Yes, you get an attorney to unravel this mess. There's not enough in this diatribe to explain what the current situation is. Assessors do not arbitrate land disputes, nor should they be relied upon for advice. Arizona is a notice state so your unrecorded deed likely is not going to hold up against a subsequent one that gets recorded.

    We don't know what the wording of the mothers deed to the three sets of siblings is. She may have transferred the entire property, or perhaps only half (but probably the whole thing).

    Your wording is imprecise. You don't just draft a deed and have it become the new statement of ownership as if you were filling out car titles. Each deed transfers some aspect of the property to someone else. All the deeds (and the deaths) in succession over time determine who owns what.

    It would behoove you to:

    1. Get a lawyer to make sure all the deeds are worded appropriately and the recordings are done properly. An unrecorded deed could result in a later claim (potentially a valid one) being lodged.
    2. Get a proper title search and owner's title insurance after all this is done to protect you.

  3. #3
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Quit Claim and Deed Sucession

    Quote Quoting DDSA
    View Post
    Moving forward to 1991 aunt and uncle were having financial difficulty. Parents decided to help them monetarily with the agreement they would both sign a Quit Claim Deed of their interest to them which was recorded.
    That's some crazy ambiguous pronoun use. When you've got two pairs of people, "they" and "them" can lead to confusion. I take it that this means your aunt and uncle quitclaimed their interests in the property to your parents. Correct?


    Quote Quoting DDSA
    View Post
    In 1999 mother agreed and signed a Quit Claim for a 1/3 to myself and wife with JT/RS and a 1/3 each to two brothers and wives also with JT/RS.
    So...is that joint tenancy as between the six of you? Or community property as to each couple and joint tenancy among the three couples? Who drafted the deed? Was this one recorded?


    Quote Quoting DDSA
    View Post
    Father passed away in 1994. Death Certificate never recorded for the purpose of removing fathers name from the Deed.

    . . . Quit Claim was notarized but never recorded
    Sigh....


    Quote Quoting DDSA
    View Post
    Assessor's Office considers the Quit Claim Deed as a Drawer Deed) a Deed that sat in a drawer and never recorded.
    I'm curious about why the assessor would have any knowledge of or opinion about a deed that was never recorded.


    Quote Quoting DDSA
    View Post
    So, once the Quit Claims and Death Certificates are recorded in succession the Deed will go into my name and wives.

    So, hopefully this document will finish and finalize the Deed properly.
    I wouldn't be at all confident about that. For starters, merely recording your father's death certificate may not be enough.


    Quote Quoting DDSA
    View Post
    I now have drafted a Joint Tenancy Deed with Rights of Survivorship (Husband and Wife to Husband and Wife) We are both the Grantee's and Grantor's conveying to ourselves. So, hopefully, is a correct document to follow the other documents to complete the Deed transfer correctly.
    What would be the purpose of you and your wife deeding the property to yourselves?


    The multiple failures to record documents at appropriate times may complicate this matter. Or it could be almost as simple as you're contemplating. You need a local attorney to review this mess and advise you.

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