[WSBAPT] TDD

[nestor at pplsweb.com]

Was there actual delivery to the beneficiary before death or was this a “record after I die” situation. If deed was not delivered before death, then there was no valid conveyance.

 

A lot will also depend on the title underwriter and if there are sufficient facts that would make them comfortable that delivery took place before death so they can insure the title.  Keep in mind that there is a penalty for not paying excise tax within 30 days of the date of the deed (if any  excise tax was due such as if there was an outstanding mortgage).

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Monday, April 2, 2018 9:24 AM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] TDD

 

Deed notarized a few years ago but client did not record the Deed before he died. Beneficiary recorded the Deed the4 next business day after he died. Is this effective to convey ?

Thanks

Mike

 



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