Dickinson, ND asked in Estate Planning, Real Estate Law and Probate for North Dakota

Q: Warranty deed is lost without being recorded with the County. Grantor is now deceased.

My mother did a Contract for Deed on her house with my nephew. The house was paid for in 2014. The lawyer sent out the original deed to my mom's Personal Representative to get recorded. No one recalls ever receiving the original copy nor can anyone find it now. I have a copy of the signed warranty deed granting the property to my nephew but not the original. What are the next steps? The value of the home is under $50,000. Property is currently listed with my nephew's name C-D along with my mother's name.

1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: The usual solution is the nephew needs to make a claim in your mother's probate case for distribution of your mother's share of the house to him. He will need to prove that there was a contract and it is now paid in full. It would be helpful to at least get a photocopy of the deed from the attorney who transmitted it. Your nephew will need a probate attorney to help him with this.

James W. Martens agrees with this answer

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