Q: What would be the process to correct a deed after a person has passed?
My grandfather had a deed done to transfer a property to his trust. It was recorded after he passed and it now shows in error with the proprety appraiser because the description isnt complete. What would be the easiest way to get it fixed? My Mom is trustee and needs to close out the trust.
A: Since it is an invalid deed, nothing was conveyed, it is likely that some version of probate is going to be required in order to transfer the property. You will need to speak with and work with a probate attorney. If the error is somewhat minimal or can be attributed to being a scrivener's error of some sort, it may be possible to try to correct it. In your case the legal description, the most important part of the deed to some degree along with the signature, witnesses and notarization is erroneous and that is a problem, not a quick fix to be had I fear.
Barry W. Kaufman agrees with this answer
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