Is title to land recorded after death valid?

Question Details:

Title was in a trust for husband and wife in the state of CA. To take advantage of government program, in another state where they had recently moved, attorneys had both sign transfer of title from trust to wife only. Before it could be recorded husband died. CA attorney did not know, title was recorded only days after death. Is this transfer still legal or does title revert back to trust?

Asked 12/8/2009 under Real Estate | 244 View(s) | More Legal Topics

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Real Estate Law Answers

Robert Spitz / Robert J. Spitz, Attorney at Law Answered 2 years ago | Contributor This attorney is licensed in California

There are some complicated issues here that could depend upon the intent at the time.   It would be best to meet with an attorney to discuss all of the surrounding facts.

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Robert J. Spitz

909 395 0909

It's probably a legal transfer, as long as the husband was competent (in his right mind) when he signed.  Real estate transfer documents (usually deeds) are effective, between the party or parties making the transfer, and those receiving it, when the documents are properly signed and notarized, and delivered to the recipients.  It would be no different than in an ordinary sale of a house, if the seller died a few days after the closing, the sale would still be complete even if the deed had not been recorded yet.  The recording date is only important if there are competing claims to have bought the property from the same seller, when the one who records first often wins.

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