Can you sign a deed now to be recorded after your death

Attorney Tom Olsen: He was going, "Tom, I just thought I would sign a deed where I give this piece of property to my stepchildren and stick it in a drawer and after I pass away, they could just pull that deed out and the deal would be done." I go, "No, that doesn't work, folks." It's surprising how many people think that will work. You sign a deed, you might have it witnessed a notarize, but you don't record it, you stick it in a drawer with the understanding that when you pass away, the kids will pull that deed out of the door. Go down and record it in public records, and it's a way to avoid probate. No, it's not a way to avoid probate.

Chrisy, before the break we were talking about a client I had last weekend. He was suggesting that as far as the disposing of his real estate properties, when he passed away, that his proposal was he would just sign a deed, get it witnessed, get it notarized, do not record it, stick it in a desk drawer when he passes away, the kids could just pull that deed out and go record it in public records. "Tom, wouldn't that be a great idea?" I said, "No, it doesn't work." It doesn't work because to convey a piece of property, it requires two things. Number one, that you sign a deed, and number two, that you deliver that deed.

If you stick it in a desk drawer, that is evidence that you never delivered it and if it gets recorded after you pass away, the world is going to know that. That in of itself is going to make it-- Invalidate that deed.

Attorney Chris Merrill: Exactly, that's right.

Tom: Not a way to avoid probate. We move to the more traditional way. He was all about avoiding probate, while we're all about avoiding probate too. We're all about helping people to avoid probate. That just was not the tool to do it. We're going to use some other tools to avoid probate.

Chris: To help him.

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