A friend of mine passed away a year ago. She was buying a home prior to her death, signed a quit claim deed (in front of the lawyer who is...

Question

A friend of mine passed away a year ago. She was buying a home & prior to her death, signed a quit claim deed (in front of the lawyer who is now handling her estate) giving the house to her significant other & three of her brothers. The quit claim deed wasn't filed with the county clerk until after her death. Her significant other still resides in the house & has been paying the mortgage payments. The lawyer is now saying the heirs may have to sell the house in order to pay off the credit card debt my friend left behind. None of the parties involved were co-signers of any debt. Is the house considered part of her estate because the quit claim deed wasn't filed with the county clerk prior to my friends death? Can credit card companies force the heirs to sell the house in order to pay off the credit card debt?

Answer

I suggest you contact an attorney specializing in estate matters. The recording of the deed relates back to the date of signature on the deed, but only as to the parties on the deed.

The relation back will not be effective against estate creditors. Working with a specialist will assist the parties in determining what needs to be done.