Harville-Stein Law Offices, LLC

 

HARVILLE-STEIN LAW OFFICES, LLC
2159 S. MCKENZIE STREET, #250
FOLEY, AL 36535
Phone: 251.979.6641


 

SERVING BALDWIN COUNTY, ALABAMA


 

Probating a Deed

Question

In Alabama, is a deed, still a legal document, if it has not been recorded in probate court records? I'm 61 with a terminally ill husband, I want to put our property in my only son's name. At this time I would prefer not to probate the deed. At this time he is a single man, my husband & I ain't in love but we do believe he will marry.

Question

There are way too many pitfalls to deeding a property into another persons name, to discuss it fully here.  Generally, a deed is valid "on delivery", that is, when put into the hands of the one getting the property.  Recording the deed gives all the world "notice" that the transfer has been made. Not recording it could lead to issues like you still being able to borrow against the house, or creditors still being able to "lien" the property through judgments, as they would not have "notice" the property was transferred.  You may not qualify for homestead or exemptions from property tax. Depending on your goals, which you should discuss thoroughly with an attorney, you may wish to simply leave it to him in your will, for these problems and many others, like potentially disqualifying yourself for Medicaid eligibility.

 

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