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skelly151, Lawyer
Category: Legal
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Experience:  Litigation specialist, Probate and Estate law, Collection law, contract disputes, builder issues
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A Florida home is part of Man As trust set up in Minnesota.

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A Florida home is part of Man A's trust set up in Minnesota. During a refinancing of the house, Man A and his friend B signed the warranty deed. The Minnesota lawyer sent the real estate representative back to Man A with a fresh form that only Man A would sign. Before the form was sent north, Man A died. Does Friend B have an interest in the house, or is the signature a non-issue, with the trust taking precedence?
Submitted: 8 years ago.
Category: Legal
Expert:  skelly151 replied 8 years ago.
The warranty deed takes precedent only when it is recorded with the county recorder so the trust would control. This sounds like a law school question and I remember the days. Although both parties signed it effectiveness is when it becomes a public record for all to be on notice of the transfer so that is when it is deemed effective. We do these for clients and they will file when one party becomes deceased. At least that is how it is done in Ohio.
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