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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111666
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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This question bridges real estate and estate law. An elderly

Customer Question

This question bridges real estate and estate law. An elderly widow quit claims the deed to her condominium in New York State to her adult-age son. It is a valid transfer with notarized signatures and a witness. She then keeps the deed in her possession and the son does not register it with the county clerk's office. Just before she dies, she hands the deed to him. He then register's the property deed either just before or after her death.Is he now the bona fide legal owner of the property and assuming there is no challenge to his ownership, does it by-pass probate?Thank you.
Submitted: 9 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
He was the bona fide owner when the deed was signed over to him. In NY recording the deed only protects the owner against claims of third parties as the third parties are allowed to rely on the deed records for notice. However, if he has a validly signed and notarized quit claim deed then he may file it without probate before or after her death if it has a valid notary and witnesses.

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