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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33147
Experience:  Estate Law Expert
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I made up a Quick Claim Deed to transfer my Condo to my son

Customer Question

I made up a Quick Claim Deed to transfer my Condo to my son when I die, with the Idea he can file it when the time comes. I followed all the procedures from a other Quick Claim Deed. Any reason this would not work?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

A Quitclaim (not a Quick Claim) deed can have a number of things that cause the not to be effective. The legal description of the property could be wrong, there could be a problem with the names (I've seen people try to do their own and transpose the grantor and grantee names), etc.

Another issue can be that the Quitclaim Deed is usually used to transfer title to the property immediately, not at some time in the future. This can cause problems in the future if the issue is discovered by a title search company. They can refuse to issue a title insurance policy on the land which, in essence, means the property can't be sold or financed.

A better way to do what you are trying to do is to either leave the property to your son in a will or to have an attorney draft a regular Warranty Deed and reserve a life estate for yourself.

It is almost always a bad idea for a non-lawyer to draft a deed themselves since if there is a problem it won't be discovered, usually, until much, much, later and then can cost thousands of dollars to correct.