# Quit Claim that becomes effective upon death
**URL:** https://www.mineralrightsforum.com/t/quit-claim-that-becomes-effective-upon-death/22020
**Category:** Law & Legal
**Created:** [February 8, 2012, 5:43pm UTC](https://www.mineralrightsforum.com/t/quit-claim-that-becomes-effective-upon-death/22020 "2012-02-08T17:43:26Z")
**Posts on this page:** 10
**Page:** 1
### Author:  [@marlene\_ferrel](https://www.mineralrightsforum.com/u/marlene_ferrel)
#### Post date: [February 8, 2012, 5:43pm UTC](https://www.mineralrightsforum.com/t/quit-claim-that-becomes-effective-upon-death/22020/1 "2012-02-08T17:43:26Z")
Does anyone know if it is possible to have a quitclaim drawn up and done completely legal and have it worded so it would become effective upon death? We would like to do this with our mineral rights that are active now and we also have some that are not active.
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### Author:  [@Dillon](https://www.mineralrightsforum.com/u/Dillon)
#### Post date: [February 8, 2012, 7:37pm UTC](https://www.mineralrightsforum.com/t/quit-claim-that-becomes-effective-upon-death/22020/2 "2012-02-08T19:37:05Z")
I would advise consulting with an attorney in the state where the property is located.
In Texas title passes when someone dies – at the moment of death.
In Texas title passes with a deed – at the moment of delivery of the deed.
If you retain possession, there has been no delivery of the deed & no transfer of title.
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### Author:  [@marlene\_ferrel](https://www.mineralrightsforum.com/u/marlene_ferrel)
#### Post date: [February 8, 2012, 8:01pm UTC](https://www.mineralrightsforum.com/t/quit-claim-that-becomes-effective-upon-death/22020/3 "2012-02-08T20:01:23Z")
Thanks.
Dillon said:
I would advise consulting with an attorney in the state where the property is located.
In Texas title passes when someone dies – at the moment of death.
In Texas title passes with a deed – at the moment of delivery of the deed.
If you retain possession, there has been no delivery of the deed & no transfer of title.
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### Author:  [@Rick\_Howell](https://www.mineralrightsforum.com/u/Rick_Howell)
#### Post date: [February 8, 2012, 8:31pm UTC](https://www.mineralrightsforum.com/t/quit-claim-that-becomes-effective-upon-death/22020/4 "2012-02-08T20:31:52Z")
I have seen it in Oklahoma. It was a transfer on death deed. It is common enough when you look it up, it shows TOD as the type in the database.
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### Author:  [@marlene\_ferrel](https://www.mineralrightsforum.com/u/marlene_ferrel)
#### Post date: [February 8, 2012, 9:28pm UTC](https://www.mineralrightsforum.com/t/quit-claim-that-becomes-effective-upon-death/22020/5 "2012-02-08T21:28:28Z")
Thanks Rick. I will look at a Transfer on Death Deed. Appreciate your information. Have a good one. We live in MT.
Rick Howell said:
I have seen it in Oklahoma. It was a transfer on death deed. It is common enough when you look it up, it shows TOD as the type in the database.
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### Author:  [@Stephanie\_Wilbanks](https://www.mineralrightsforum.com/u/Stephanie_Wilbanks)
#### Post date: [February 11, 2012, 7:12am UTC](https://www.mineralrightsforum.com/t/quit-claim-that-becomes-effective-upon-death/22020/6 "2012-02-11T07:12:42Z")
In Oklahoma you may deed a life estate to an individual and list the remainderman. Upon the death of the individual owning the life estate interest it will pass to the remainderman party or parties with little to no legal work involved. I know a Marlene Farrell who was married to Jas Farrell who worked for T. Boone and passed away a couple years ago. I notice the last name is spelled differently but wondered if it was you or your family. The Marlene I know is an incredible human being.
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### Author:  [@marlene\_ferrel](https://www.mineralrightsforum.com/u/marlene_ferrel)
#### Post date: [February 11, 2012, 8:04pm UTC](https://www.mineralrightsforum.com/t/quit-claim-that-becomes-effective-upon-death/22020/7 "2012-02-11T20:04:42Z")
Hi Stephanie, thanks for replying and I will see if we can do the same in MT.
All Marlene’s are incredible! LOL! No, we aren’t the Ferrel’s aka Farrell, etc. that worked for T. Boone.
Have a good day!
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### Author:  [@Stephanie\_Wilbanks](https://www.mineralrightsforum.com/u/Stephanie_Wilbanks)
#### Post date: [February 11, 2012, 9:28pm UTC](https://www.mineralrightsforum.com/t/quit-claim-that-becomes-effective-upon-death/22020/8 "2012-02-11T21:28:10Z")
I put my sister’s house with her as the life tenant (she had a life estate) and the remainderman interest was in my name. She passed away recently, so upon her death the property passes to the remainderman/men. It is a great tool.
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### Author:  [@Stephanie\_Wilbanks](https://www.mineralrightsforum.com/u/Stephanie_Wilbanks)
#### Post date: [February 11, 2012, 9:28pm UTC](https://www.mineralrightsforum.com/t/quit-claim-that-becomes-effective-upon-death/22020/9 "2012-02-11T21:28:11Z")
I put my sister’s house with her as the life tenant (she had a life estate) and the remainderman interest was in my name. She passed away recently, so upon her death the property passes to the remainderman/men. It is a great tool.
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### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [August 15, 2018, 3:57am UTC](https://www.mineralrightsforum.com/t/quit-claim-that-becomes-effective-upon-death/22020/10 "2018-08-15T03:57:29Z")