Posted by Susan/CA on 9/12/06 12:53pm
Msg #145480

Grant Deed or Quitclaim Deed

Title Gal this question may be for you . . but to anyone that can help.

Who is the proper professional or otherwise to prepare Grant Deeds or Quitclaim Deeds in CA?

My daughters boyfriends mother (yikes!) asked me the other day if I could prepare a Grant Deed of which of course I cannot, however, I was not sure to whom I should direct her. Her situation in brief is: Her father is seriously ill and in the hospital, however he is fully conscious and of sound mind etc. He is requesting a Grant Deed be drawn up so that he can transfer his (home) property to one of his children who lives with him. Who is the proper person to send her to to have the transfer deed drawn up? She thinks she can prepare it herself but I think that may become an issue. I have no clue . . also the don't have a lot of money so what would their options be?



TIA!!

Reply by Becca_FL on 9/12/06 1:04pm
Msg #145482

She should consult an attorney to discuss the ramifications of the transfer. An attorney (any Probate or Real Estate atty.) can prepare a QCD or GD. Your friend may also find legal forms online or in an office supply store. Generally speaking, CA uses Grant Deeds more so than QCDs...or a least I did while working in a CA Title Co. Here in Florida, we generally use QCDs. Just generally speaking, of course I am not an attorney so this should not be construed as legal advice.

Reply by Michelle/AL on 9/12/06 1:13pm
Msg #145486

In Alabama

we do a Quitclaim Deed for that scenario. I get requests on a weekly basis from hospitals. However, I must add that I don't think most people go the attorney route and I hope they don't live to regret that decision. They are pulling their forms from the internet and other places. I hope you get a response from someone in Cali.

Reply by cassiewi on 9/12/06 1:23pm
Msg #145492

I used to work for an attorney in CA who did that, usually when he was setting up a trust. I wouldn't think there would be a big charge for just drawing up the deed itself. I would call some attorneys and check around. The county recorders in CA tend to be very picky, at least in OC. Just my .02

Reply by Gerry_VT on 9/12/06 1:53pm
Msg #145506

Getting the property transferred is only part of the issue. There are issues such as gift tax, inheritance tax, resources for long-term care expenses, etc. I would go to an attorney who specializes in estate planning to get all the bases covered.

Reply by Sylvia_FL on 9/12/06 1:57pm
Msg #145509

I would, like others have suggested, have her consult an attorney.

Here, when I go to the county clerks office there are Quit Claim Deed forms and others to be picked up free. But given the situation you described it would be prudent for her to consult an attorney.

Reply by TitleGalCA on 9/12/06 2:08pm
Msg #145515

Because of the situation (the father being seriously ill) I would absolutely have the family consult an attorney. You don't know if he already has a will, other assets, etc. Plus if I were the child receiving the property, I'd want to know that the transfer was without dispute because it was done "correctly".

If the family ran out and drew up a quickie grant deed or quit claim deed, had it signed, notarized and recorded it could be a real problem should anyone (another family member) dispute it. People do them, but TC's tend to look at home-grown-deeds and be extremely cautious about issuing title insurance on a future transaction, which wouldn't do your daughter's-boyfriend's-mother's-family (yikes indeed) any good.

BTW, nice name you have =)

Reply by JanetK_CA on 9/13/06 9:15pm
Msg #145887

If money is a real serious issue, they might want to check to see if there is a local legal aid society. In many communities, there are attorneys who provide pro bono work either directly or through various community organizations. The type of illness he has also could be a factor, e.g. in SoCal there is a wonderful legal resource center for cancer patients with a very large network of attorneys they refer to who work "pro bono" (i.e free!) But I agree that it would be best to have it drafted by a knowledgeable attorney to make sure they don't have problems down the road. If that happens to unfortunately be what he is suffering from, drop me an email and I'll send you more info.