Q: How long do you have to file a notarized quit claim deed in California?
My father recently passed and left his house in my name. However, it seems as if he never filed the quit claim deed to remove his sister's name from the deed. She signed it and it was notarized, but nothing was ever filed. She's now trying to tell us that she owns the house because she's on the deed, although she's never physically lived there nor has ever paid any part of the mortgage or bills. She was originally added to the deed for a better refinancing rate. Once they refinanced, she signed the quit claim, but, again, it was never filed.
Since we can show intent to remove her from the deed, and that she's never held residence nor paid for it, can we still file the quit claim? If not, how else can we insure that she doesn't get the house that's left to me in the will and trust?
A:
You said that your father left his house in your name, did he have a will or a trust? How was the house left in your name? You may have to have a probate proceeding to determine your interest in the property.
The quitclaim deed does not have to be recorded for it to be valid. In the probate proceeding, you can present the quitclaim deed to rebut any interest that your father's sister had in the house.
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