Q: My sister signed a quitclaim deed transferring her property to me in December. I hadn’t recorded the deed due to not having money to pay the property taxes. Now she has dementia and is under state guardianship. Is the quitclaim deed still valid? (Pittsburgh, PA)
A: If she was competent when she signed it, it is a valid deed. It just has not been recorded yet. You can file it now. However, there are other factors you need to be aware of. In the event your sister may need Medicaid funding in the future, this transfer could have her penalized and ineligible to receive such benefits. You should consult with an attorney versed in Medicaid regulations.
Q: There is a property with right of survivorship and 3 siblings own it. One of them filed a quit claim and transferred their portion to someone without the other two knowing. I was told that that is not valid. However, is the quit claim part still valid? Will he have any rights to the property after signing a quit claim? (Murrysville, PA)
A: I think it depends how the property was titled. If it was jointly held by the siblings, as joint tenants, no one of sibling can transfer a share to anyone else without the other siblings joining in the deed. However, if the property is held as tenants-in-common, any one of the three tenants can convey his or her interest 1/3 to whomever they wish.