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Tax, SDIRAs & Cost Segregation

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Luke Stone
  • Chicago, IL
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Estate Title Transfer Valid? Please Help Texas Title Professional

Luke Stone
  • Chicago, IL
Posted Mar 12 2018, 17:23

I hope this is the right forum to post this in... but I'm hoping to get some advice from some people who really know their Texas title issues.

My father recently past away and had setup a family trust to avoid probate of his estate. The question is whether an unrecorded Quit Claim deed that transferred ownership from my dad and mom to the trust in 1992 is valid. Note, this is for a house that is jointly held by my mom and dad, it was their primary residence for 20 or so years but was later turned into a rental.

1. The Quit Claim deed was not recorded at county

2. Since 1992, when my parents signed the quit claim deed, they had the last names changed

3. Note, they both did go back and cross out their old last names on the and write in the new last names on the quit claim deed and then initialed. 

4. The final wrinkle is that in 2015 my parents refinanced the house and at that time, the title company required my parents quit claim the deed out of their old last names to their new last names.


A financial planner who is helping my mom, expressed concern the 1992 quit claim deed may not be valid since it was never recorded and they changed their names, as well as, having a more recent quit claim be recorded. This is important because if we cannot get title to the property into the Trust, the property will have to be probated, which can be much more expensive. Any advice or information is greatly appreciated.

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