Deed Transfers and Recording Acts

Question 1

What is the presumption that occurs when a grantor records a deed they intend to transfer?

Answer 1

Recording a deed raises a rebuttable presumption of delivery.

Further, acceptance of delivery is presumed if the transfer would be beneficiary to the transferee.

Question 2

MBE TIP: What happens when there is a conflict between a will and a deed?

Answer 2

A will, regardless of when executed during the testator’s lifetime, does not take effect until the testator’s death.

That means a deed that is delivered or transfer before the will will always govern ownership of the property.