Deed signed, witnessed and notarized properly but…

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Deed signed, witnessed and notarized properly but…

…but the sole owner transferor passed away before recording the deed. She was
transferring title from herself to her revocable living trust. As a Florida
resident and property, did she complete transfer of title with the deed, or will
it only be transferred by recording, or is it no longer possible to record it?

Asked on September 21, 2018 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A deed is valid if it has been signed by the grantor (i.e. the person who is transferring the property to the grantee) and in some states witnessed. There must also be "delivery and acceptance". This means that a deed must be delivered by the grantor to the grantee and accepted by the grantee (although the grantee's signature is not required). A deed need not even be notarized unless it is to be recorded. If it has been notarized, then it can be recorded and either before or after the death of the grantor.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A deed is valid if it has been signed by the grantor (i.e. the person who is transferring the property to the grantee) and in some states witnessed. There must also be "delivery and acceptance". This means that a deed must be delivered by the grantor to the grantee and accepted by the grantee (although the grantee's signature is not required). A deed need not even be notarized unless it is to be recorded. If it has been notarized, then it can be recorded and either before or after the death of the grantor.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for your loss.  If the deed was properly executed in the state of Florida then yes, you can record it even after the Grantor's death.  An issue can arise if there was undue influence on the Grantor, like if someone was intimidating someone who is physically or mentally compromised to give them the property. But it sounds as if this deed is part of an estate plan begun by the decedent.  I would check with her estate planner as well. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption