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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29101
Experience:  30 years of real estate practice experience.
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My mother recently died ,before her death a quit claim deed

Customer Question

my mother recently died ,before her death a quit claim deed of joint tenancy adding my daughter was recorded, come to find out a beneficary deed was also recorded before her death we live in colorado who wuold have legal ownership
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Loren replied 7 months ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.Which deed was recorded first?
Expert:  Loren replied 7 months ago.
Are you online with me?
Expert:  Loren replied 7 months ago.
Your daughter is the legal owner as the surviving joint tenant. The beneficiary's title would only have vested if your daughter had predeceased your mother, and then your mother had died.From the Colorado statute:"15-15-408. Joint tenancy.(1) A joint tenant of an interest in real property may use the procedures described in this part 4 to transfer his or her interest effective upon the death of such joint tenant. However, title to the interest shall vest in the designated grantee-beneficiary only if the joint tenant-grantor is the last to die of all of the joint tenants of such interest. If a joint tenant-grantor is not the last joint tenant to die, the beneficiary deed shall not be effective, and the beneficiary deed shall not make the grantee-beneficiary an owner in joint tenancy with the surviving joint tenant or tenants. A beneficiary deed shall not sever a joint tenancy.(2) As used in this section, "joint tenant" means a person who owns an interest in real property as a joint tenant with right of survivorship."
Expert:  Loren replied 7 months ago.
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Expert:  Loren replied 7 months ago.
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