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I feel like I've seen death escrow both ways on the MBE. That it's a valid transfer, and other say its not a valid present transfer. Any ideas?

CLSGumbo wrote:I feel like I've seen death escrow both ways on the MBE. That it's a valid transfer, and other say its not a valid present transfer. Any ideas?

If the grantor retains control over the deed, i.e., has the ability to recall or revoke the deed or otherwise to cancel the conveyance, then it is not a valid transfer. It can only be valid if the conveyance is irrevocable and beyond the control of the grantor.