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Is a property agreement filed after death legal in CA?
Anonymous2 views2 answers
My husband started an LLC prior to our marriage. The LLC owns an apartment complex that was built before and during our marriage. Recently, my husband and I signed a property agreement stating that the LLC is community property of the marriage. Then my husband told me to just keep the property agreement in a safe place and, if anything happens to him, I should file it with the county recorder’s office. Would this be legal? My friends tell me that an unrecorded deed would be meaningless if my husband were to die.
In California, title to the property must have been transferred to the LLC before your husband died in order for the LLC to legally own the property. If title was transferred to the LLC before your husband's death, then you should have a valid ownership interest in the LLC. If title was not transferred, then the property must be probated.
Your "property agreement" does not appear to be a deed based upon what you stated in your question. You should have an attorney review the agreement, and all LLC documents to assist you in determining the scope of your legal rights - especially if you husband had other legal heirs.
Good Luck!
Phillip M. Smith Jr.
IRSTAXBIZ.COM
A DIVISION OF
www.worldclasslawers.com
Phone: 855: IRSTAXBIZ
I assume your husband is still alive and that title to the property was already transferred to the LLC. If so, you should have a valid member ownership interest in the LLC.
I am not sure what you mean by "property agreement", but it does not sound like it is a grant deed or quitclaim deed. If so, it is probably not a document which could be recorded in the County Recorder's Office.
I think you really need to have an attorney take a look at the "property agreement".
