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Property Ownership TransferDeeds_nyHARD

Patricia executes a deed conveying her Rochester property to her son David, but she keeps the deed in her safe deposit box and tells no one about it. Patricia dies six months later, and David discovers the deed while settling her estate. Under New York law, what is the status of this deed?

Correct Answer

B) The deed is invalid because there was no delivery during Patricia's lifetime

Under New York law, delivery is an essential element of a valid deed transfer. Keeping a deed in the grantor's exclusive possession and control, such as in her personal safe deposit box, creates a strong presumption against delivery. Without delivery during Patricia's lifetime, no title transfer occurred, and the deed cannot transfer title after her death.

Answer Options
A
The deed is valid because it was properly executed by Patricia before her death
B
The deed is invalid because there was no delivery during Patricia's lifetime
C
The deed creates a rebuttable presumption of valid delivery that David must prove
D
The deed is valid as a testamentary transfer and must go through probate

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Related Topics & Key Terms

Key Terms:

deliverypresumptiongrantor_possessiontestamentary
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