If my mother signed over the deed to her house to my sister, but the deed was never filed and my mother passed away, who inherits the house?

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If my mother signed over the deed to her house to my sister, but the deed was never filed and my mother passed away, who inherits the house?

Asked on June 19, 2009 under Estate Planning, North Carolina

Answers:

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

Answered 12 years ago | Contributor

A deed is binding even if it is not recorded.  Recording the deed protects the new owner from creditors of the previous owner; it does not defeat the new owner's right to title.

Absent fraud or duress and assuming it was properly drawn and executed, the deed is valid and your sister is the owner.


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