What to do in the event of a lost, never filed quit claim deed?

My father-in-law signed a quit claim deed over to my husband and I before he died. My sister-in-law was supposed to file it but she lost it. To make matters worse, my father-in -aw never filed his quit claim deed from his father, so the house is currently in my husband’s grandfather’s name. We do have a copy of the first quitclaim deed (from the grandfather to my husband’s father) that went unfiled but not the most recent.

Asked on March 13, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have a copy of the first quitclaim deed frm the grandfather to your husband's father, then that quit claim deed should be recorded in order to close the chain of ownership on the property assuming it is in the grandfather's name at the present time. If it is not, then it makes no sense to record this quitclaim.

I suggest that you consult with a real estate attorney who practices Wills and trusts as well about your situation in that it appears that you will have to have some probate, trust, or intestacy matters started in order to transfer title to the property that you are writing about to whom it should be going to.

You have a complicated situation caused by the deaths of various people who signed quitclaim deeds down the line where the documents were not recorded on the parcel.


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