Glendale, AZ asked in Estate Planning, Real Estate Law and Probate for New York

Q: Living trust - Grantor signed deed over, but died before it was filed with county...

My main purpose for switching from a will to a living trust is solely to make sure a RE property I own goes to who I want simply, privately, and to avoid probate for various reasons.

If all of the living trust paperwork is signed as well as the deed transfer to the trust, is signed; but I die before it is filed with the county - Will it still be able to be filed and continue, with it then going to the beneficiary? The property is in New York State

3 Lawyer Answers

Inna Fershteyn

  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: Yes, it’s valid upon signing even if it’s not recorded yet. Call my office 718-333-2394

10 users found this answer helpful

Michael David Siegel

  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: A deed can be filed anytime, including after death, but an after death filing will raise suspicions as to the genuineness of the deed. Any good lawyer files a deed ASAP, and recording takes very little time.

2 users found this answer helpful

David Lacher

  • New Rochelle, NY
  • Licensed in New York

A: If you already are contemplating a delayed recording to the extent you might die in the interim, something is wrong with this picture. If the deed was properly signed and notarized, it should be acceptable for filing, but there are other transfer documents in NY State that also have to be signed in order for a deed to be accepted. And excessively delayed recordings after the execution date of the deed could cause problems.

Find a lawyer to make sure you have the proper transfer documents for the county in which the property is located. Then get it all done without delay.

1 user found this answer helpful

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