A property deed question...

[KFC911]

In theory, could a "quit claim deed" be signed and notarized, then simply stored away, to be officially filed at the Register of Deeds after the grantor "croaks"?

....asking for my buddy Kermit...

Ribbit!

What say ye .... Pelican advice ... not LEGAL advice.... for Greg

Everyone else too... thanks!

edited: All parties would be "on board" .... just trying to KISS a toad before and after I .... errr ... "she" croaks

[greglepore]

Yes. So long as no one files another deed in the interim.
The delivery of the deed accomplishes the transfer of ownership but recording is what creates protection against other claims. The legal term is "bonafide purchaser".
If Kermit sits on the deed to him, and in the meantime Rufus, without knowledge of Kermit now owning it, takes a deed from Kermit's grantor and records it, Rufus is protected from Kermit, as Rufus is a "bonafide purchaser". If Rufus knew about Kermit's deed, then Kermit still owns.
The question is why not record? To not transfer the tax obligation?

[fintstone]

It seems that a "Transfer on Death" (TOD) deed is what you want to do...but a trust would be better IMHO.

It would seem that one would not want to do a delayed filing of a quitclaim or a TOD as creditors could attach liens to the property (if the elderly person had bills or were victims of fraud late in life).

[greglepore]

Originally Posted by fintstone

It seems that a "Transfer on Death" (TOD) deed is what you want to do...but a trust would be better IMHO.

It would seem that one would not want to do a delayed filing of a quitclaim or a TOD as creditors could attach liens to the property (if the elderly person had bills or were victims of fraud late in life).

Yes, but only about half the states allow TOD deeds (Va does, NC does not). There's also a "Lady Bird" deed which is more or less a grant of a life estate to the grantor with the grantee getting the property on death, available in a couple states.

[fintstone]

Originally Posted by greglepore

Yes, but only about half the states allow TOD deeds (Va does, NC does not). There's also a "Lady Bird" deed which is more or less a grant of a life estate to the grantor with the grantee getting the property on death, available in a couple states.

Yep. Looks like the bill (Senate Bill 160) to allow it (TOD) in NC last year (2023-2024 session) stalled out. Maybe this year.

[KFC911]

Thank you both. It's too complicated to explain, and seems perfect for the situation I have.

Ribbit

Greg, I may send you a PM later ...