Legal Question in Real Estate Law in Utah

Unrecorded deed

If a deed to transfer ownership to a Family Trustis is recorded after the person dies who executed it, is it still valid? Assume no liens or other incomberances. Thanks

Asked on 7/16/07, 10:04 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Unrecorded deed

Probably, if it was properly executed. However, if there is a third party without notice who claims an interest if could be defeated.

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Answered on 7/16/07, 10:53 pm

Re: Unrecorded deed

This is a complex area and the question as put is not the correct question. The question is whether the deed was "delivered" and "accepted" bu the grantee at the time the grantor "delivered" it with the intention of it being "accepted."

If the "delivery" or the "acceptance" took place after the death of the grantor the deed is NOT effective to transfer ownership.

You should seek local legal counsel if this causes a problem or if you have question about the definition and effectuation of "delivery" or "acceptence."

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Answered on 7/16/07, 10:56 pm

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