Is this legal transfer if none of the siblings signed the deed prior to being recorded? 21 Answers as of June 25, 2013

I and nine siblings own property that was deeded to us by our parents. They are still living. Some of the owners maintain the property with little or no help from the others. Our parents wanted to set this property up for the future generations to enjoy. The property has a small lake on it along with a pavilion and some play ground equipment. The majority of us would like to create an entity to hold the property and to serve as a planning and management agent. This would be done to maintain the property and to fulfill our parent’s wishes. I am also concerned about the validity of the deed.

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Durham Jones & Pinegar | Erven Nelson
In Nevada, and in most states, it is not necessary for the recipients to sign a deed. You would need the signatures of everyone on the deed to transfer it to an entity.
Answer Applies to: Nevada
Replied: 6/25/2013
Law Office of Jacob R. Lauser
Law Office of Jacob R. Lauser | Jacob R. Lauser
If all the owners do not sign, then the deed is usually construed to read that the people who signed it are the only ones to have transferred their rights. The other people would continue to hold an interest in the land as it was as Tenants in Common. These situations can get pretty messy, and they can result in someone filing an action for Partition, where the court would force the property either to be divided, or if it could not be easily divided, to sell the land and split the proceeds among the owners. If your parents really hoped that the land would stay in the family, then it might not be advisable to do it this way.
Answer Applies to: Pennsylvania
Replied: 6/24/2013
James Oberholtzer, Attorney at Law
James Oberholtzer, Attorney at Law | James Oberholtzer
You have a good idea. You probably hold the property as tenants in common. You can have an tenant in common agreement without forming a new entity. Using a new entity could limit your liability for the activities on the property.
Answer Applies to: Oregon
Replied: 6/24/2013
Frederick & Frederick PLC | James P Frederick
No one can speak to the validity of the deed without being able to review it. If it has been recorded, however, then the register of deeds has apparently deemed it to be valid. Your idea is an excellent one, in terms of establishing an entity, and it will preserve the rights of the beneficiaries while eliminating the costs and hassles of probate. You need to have a long serious discussion with those who are not holding up their end of the bargain. It may be that they do not want to be part of this, in which case, perhaps the rest of you can "buy them out."
Answer Applies to: Michigan
Replied: 6/24/2013
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Yes. Only the grantor needs to sign the deed.
Answer Applies to: Nevada
Replied: 6/24/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    This is a complex plan, involving the estate plans of all 10 owners, gift tax issues, management issues. If this is worth doing, it is worth getting specific legal advice on how best to structure the entity you envision.
    Answer Applies to: Oregon
    Replied: 6/24/2013
    Durkin Law, P.C.
    Durkin Law, P.C. | Roger Durkin
    Whew, the deed to 9 siblings is an issue, what if one of the siblings dies? If the property value is significant then you would have the future risk of one or more siblings going to court to have the property sold, e.g. petition to partition. Suggest you place the property in an irrevocable trust for the benefit of all, with clauses to explain what should be done if one sibling dies, and a clause about use and who is going to pay for upkeep, taxes, etc.
    Answer Applies to: Massachusetts
    Replied: 6/24/2013
    S. Joseph Schramm | Joseph Schramm
    Grantees (people to whom the property is given or conveyed) do not have to sign a deed. The only ones who have to sign a deed usually are the grantors , in this case your parents. Presently, there are nine owners of the property and you would all have to agree to convey your respective interests to this entity (probably a trust) to provide for the management and care of the property. Therefore, you should be sure everyone is on board with this venture prior to going through the effort and expense of establishing a trust or other vehicle for the management of the property.
    Answer Applies to: Pennsylvania
    Replied: 6/24/2013
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    If all of the property owners of record did not sign all of their (the unsigned) interests in the property did not transfer ... At most only the interests of those owners who did sign transferred If the property owners of record held title as "joint tenants with a right of survivorship" no interests transferred.. well no unencumbered interests because there is a revisionary interest if those that sign die first (the property goes to the survivors)
    Answer Applies to: Michigan
    Replied: 6/24/2013
    Law Offices of Gerald A. Bagazinski
    Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
    The deed is fine. You may wish to consider a trust or an LLC.
    Answer Applies to: Michigan
    Replied: 6/24/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Obtain your self legal counsel to set up a limited liability corporation with all of your siblings as shareholders; the siblings will have to deed their respective share into the LLC with a LLC you all can agree as to how the property will be managed.
    Answer Applies to: California
    Replied: 6/24/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    A deed only needs to be signed by the grantor(s).
    Answer Applies to: Michigan
    Replied: 6/24/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally the persons receiving the deed do not sign.
    Answer Applies to: Michigan
    Replied: 6/24/2013
    Furniss, Shearer and Leineweber | Glen Shearer
    Only the person deeding property needs to sign the deed. The people receiving ownership do not sign.
    Answer Applies to: Oregon
    Replied: 6/24/2013
    James Law Group
    James Law Group | Christine James
    If all 9 are on title, all 9 must sign.
    Answer Applies to: California
    Replied: 6/24/2013
    Gates' Law, PLLC | Thomas E. Gates
    The real property cannot be transferred without the new transferee signing the deed. Your parents can either set-up a Limited Liability Company (LLC) or a Trust to carry out their wishes.
    Answer Applies to: Washington
    Replied: 6/24/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    The only reason the deed would not be valid was if it was executed improperly. You'd need a real estate attorney to check that for you. You can possibly partition the property, however, all of the land would not be under the control of the planning and management agent you would like set up. Check with an attorney familiar with real estate to conquer this problem. There are too many avenues that can be taken to answer in this space.
    Answer Applies to: Florida
    Replied: 6/24/2013
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    Buyers or transferees do not need to sign a deed to obtain title from a seller, transferor or grantor. The owner of the property (seller, transferor or grantor) must execute a deed with their signature notarized to make a transfer to the transferees. The title transfers on execution of the deed but is effective for all other purposes when it is recorded with the county recorder and made public for all to see. The creation of an LLC with all siblings making their transfer from themselves to the LLC would be within the realm of doing what your parents want. The operating agreement would be critical in connection with your situation. All members (siblings) of the LLC would have to agree and execute the operating agreement.
    Answer Applies to: California
    Replied: 6/24/2013
    Danville Law Group | Scott Jordan
    The transfer is legal since the grantors (your parents) are the only persons required to sign the deed. As for the management of the property, you may want to set up a LLC or FLP. Will the property produce any income?
    Answer Applies to: California
    Replied: 6/24/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Transferees generally do not sign a deed. Transferors do.
    Answer Applies to: California
    Replied: 6/24/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    The deed should have been signed by your parents if they owned it and transferred ownership to children
    Answer Applies to: Delaware
    Replied: 6/24/2013
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