Deed/Title Recorded after Death...?

[Lee Bailey]

Talked to a seller today, and her exact words were: 

"I have been advised by the title insurance company that because the deed for the property from my grandparents to my uncle was recorded after their death, I need to have a quiet title process initiated."

The property is in Virginia.

Was she given sound advice, or is there another avenue around this? Would be great to hear from any title experts...

[Don Konipol]

Quote from @Lee Bailey:

Talked to a seller today, and her exact words were: 

"I have been advised by the title insurance company that because the deed for the property from my grandparents to my uncle was recorded after their death, I need to have a quiet title process initiated."

The property is in Virginia.

Was she given sound advice, or is there another avenue around this? Would be great to hear from any title experts...

A title company has the right to refuse to insure title and set any requirements for the issuance of a title policy.  Sometimes different title insurers have different underwriting standards and one may agree to insure while another may not under the same circumstances. 

The time between the death of your grandparents and the recording of the deed showing your uncle's ownership is a glaring hole in title.  a lot would have to do with whether or not your grandparents estate went through probate; whether your grandparents had a will; whether financial consideration and the amount of consideration was paid for the property by your uncles; any other relatives and who they are; state law for inheritance if your grandparents died intestate, etc.  

These type issues are not at all uncommon.  Quiet title is a procedure for notification to any potentially interest parties to put forth any claim they might have within a certain period of time; and if no claims are put forth or if claims are put forth but the court finds no merit in them, then the court will affirm title and the questions related to validity will be considered resolved. 

But here's the real low down - as much as I or anyone else on this forum knows about title, we aren't legal experts and if we were we don't have all the facts necessary to render an informed opinion.  If you really want an answer you can confidently rely on you'll need to engage an attorney practicing in the state the property is located in and the state of residence of your grandparents and have him research the specific facts of the case.