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.
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Thomas wants to deed his Buffalo property to his daughter Maria, but retain the right to live there for the rest of his life. What type of estate should Thomas convey to Maria in the deed?
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