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If the grantor is deceased the land can't be transferred unless the title was legally passed to a new owner through probate. You need to consult with an attorney who specializes in probate and real estate law.

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15y ago

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How to effectively write legal deeds for my kids?

Writing legal deeds for your children is not a very complicated process. You, the grantor must write it stating what it is you are leaving to the grantee (your child) and fill it with your local branch of the Records of Deeds.


Do quit claim deeds expire when the grantor dies?

No. The grantor on a quitclaim deed transfers ownership to the grantee by virtue of the deed. The grantee is the new owner until they transfer the property to someone else by executing a new deed.No. The grantor on a quitclaim deed transfers ownership to the grantee by virtue of the deed. The grantee is the new owner until they transfer the property to someone else by executing a new deed.No. The grantor on a quitclaim deed transfers ownership to the grantee by virtue of the deed. The grantee is the new owner until they transfer the property to someone else by executing a new deed.No. The grantor on a quitclaim deed transfers ownership to the grantee by virtue of the deed. The grantee is the new owner until they transfer the property to someone else by executing a new deed.


Deeds should a grantor use to transfer an uncertain interest in real property?

The grantor should execute a quitclaim deed and the grantee should arrange to have a comprehensive title examination performed to determine the status of the title to the property.


Deeds generally are signed only by the grantees?

The grantee is the person who is receiving the property: the new owner. The grantor is the person who is transferring the land to the new owner and surrendering all rights in the property. Therefore the grantor is usually the only person who signs the deed. In rare cases the grantee also signs when they are agreeing to some condition. For example, the deed might state that the grantee agrees to allow the grantor to cut and remove timber for one year from the date of the sale.


In Florida can a quitclaim deed be revoked prior to death?

Quitclaim deeds cannot be "revoked". Once the deed has been executed the property has a new owner: the grantee. The grantor in the deed no longer has any interest in the property.


Does the grantee have to sign the quitclaim deed?

Generally, the grantor signs the deed unless it contains an agreement that the grantee must agree to to make the agreement binding on the grantee.Generally, the grantor signs the deed unless it contains an agreement that the grantee must agree to to make the agreement binding on the grantee.Generally, the grantor signs the deed unless it contains an agreement that the grantee must agree to to make the agreement binding on the grantee.Generally, the grantor signs the deed unless it contains an agreement that the grantee must agree to to make the agreement binding on the grantee.


Do both parties have to be there to sign the paper?

If "parties" means grantor and grantee, then the answer is no. Only the grantor usually signs a deed, unless there are restrictive covenants to which the grantee will be bound. If "parties" means multiple people who currently own the property, then the answer is yes, all selling parties need to sign, either all present at once, or by power of attorney.


Explaining the Quitclaim Deed?

A quitclaim deed is a legal document that is used to transfer real property, such as homes, land, and roads, from one entity to another. The entity who is signing over the property to another is referred to as the grantor; the grantee is the entity that receives the property. Since quitclaim deeds do not make any guarantees to the grantees, they are very rarely used to transfer property that has been sold. Quitclaim deeds are most often used to transfer property between people who are familiar with each other, and they can also be used to transfer private property to a business. The quitclaim deed form is the document that must be filled out to create a quitclaim deed.What a Quitclaim Deed Form ContainsBefore property can be transferred from one owner to another, a written document must be created. Many quitclaim forms are created by lawyers, but some grantors create their own forms. A quitclaim deed should contain the names of the grantor and grantee, the date the document was created, a legal description of the property, and a habendum. The habendum describes the rights the grantee will receive. There may also be a consideration added to the quitclaim deed. When added to a quitclaim deed, a consideration describes what the grantee will give to the grantor in exchange for the property. In most states, a quitclaim deed form only has to be signed by the grantor and notarized; the grantee is not required to sign the document.After the Quitclaim Deed Form has Been SignedOnce the signed form has been transferred to the grantee, the deed to the property is considered transferred. The deed should be recorded in the county where the property is located.An issue that can arise from a quit claim deed is that the grantor may not have claim to the property that is being transferred. Quitclaim deeds make no assertions that the property being transferred is without debt or not owned by another party; they just transfer the title from the grantor to the grantee. If the grantor did not own the property that was transferred to the grantee, the grantee does not receive the property. In many states, the grantee will not be able to take legal action against the grantor.


Who is the Grantee and who is the Grantor on a Quit Claim Deed?

The new owners are the grantees but deeds should always be drafted by a professional. Errors made by non-professionals can be costly to correct later, if they can be corrected.The new owners are the grantees but deeds should always be drafted by a professional. Errors made by non-professionals can be costly to correct later, if they can be corrected.The new owners are the grantees but deeds should always be drafted by a professional. Errors made by non-professionals can be costly to correct later, if they can be corrected.The new owners are the grantees but deeds should always be drafted by a professional. Errors made by non-professionals can be costly to correct later, if they can be corrected.


What happens to a warranty deed if the grantee has failed to execute which is otherwise properly drafted and delivered?

The grantor executes the deed. Once it has been properly executed and delivered the grantor no longer owns the property. If the grantee doesn't record the deed in the land records they are creating a title defect that will be costly to clear up if the deed should become lost. Grantees who don't record their deeds are foolish in not taking advantage of a system that would defend their title to land against the world. An unrecorded deed robs your rights and the rights of your heirs to the absolute ownership of the land. On the other hand, if you mean what happens to a properly executed deed if the grantor hasn't signed it- it is worthless if not fully executed by the grantor.


Can a quit claim deed never recorded be revoked?

Generally, deeds cannot be revoked once they have been signed by the grantor and delivered to the grantee unless there was some condition in the deed that wasn't met. That type of condition would be called a reverter clause. For example, a grandmother could convey a plot of land to her grandson with the condition that he build a home on it within five years or the title to the land would revert to the grandmother or her estate.


How can I research if a piece of property has a mortgage lien on it or not?

check the registry of deeds for the county in which the property is located. You'll need to know the owners name (Grantee) to search - or if you know the prior owners name(Grantor), you can find it that way as well. If you are lucky, the county has the records available on line. Good luck

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