

Likewise, the fact that you have held onto the deed rather than filed it demonstrates that you have not accepted the transfer from your parents, nominally because you understand that they did not intend to transfer the property to you and relinquish their rights. By instructing you to hold onto the deed until they passed away, they demonstrated that they had a contingent wish for you to own the property in the future, but that they did not want to relinquish their own legal rights to it until after their death. Transfer means more than just physically handing you the deed, it means that your parents had the subjective intent to give you the real property at the time they gave you the deed. Your problem here is that their oral instructions for you to not file the deed until after their death is not an effective transfer, and the fact that you have held onto the document means that you have never actually accepted the transfer of the real estate. For a deed to be effective, it must contain words and execution (signatures) prescribed by the jurisdiction to effect the transfer (by statutory or common law), and it must be delivered from the transferor to the transferee, and accepted by the transferee. NO, and this is not a valid way to try and avoid probate after your parents pass away.
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