## Facts

- Richard Sheils owned a house and in 2010 executed and recorded a transfer-on-death (TOD) deed naming his brother, Charles J. Sheils, as beneficiary at Richard’s death.
- On July 12, 2013, Richard executed a quitclaim deed conveying the same property to Richard and his nephew, Kevin Wright, as joint tenants with right of survivorship.
- Richard delivered the quitclaim deed to his attorney with instructions to record it.
- Richard died on September 6, 2013; the quitclaim deed was recorded on September 20, 2013.
- Charles (and a related revocable trust) sued to quiet title based on the 2010 TOD deed; Kevin claimed ownership as surviving joint tenant under the 2013 deed.
- The district court granted summary judgment to Charles, reasoning the TOD deed controlled because it was not revoked in the statutorily prescribed manner.

## Issues

1. Whether a grantor’s later lifetime conveyance of property defeats a prior TOD deed beneficiary’s claim under K.S.A. 59-3504(b).
2. Whether a deed delivered during the grantor’s lifetime but recorded after the grantor’s death is ineffective to supersede a prior TOD deed.

## Decision

- The Kansas Court of Appeals reversed the summary judgment for Charles.
- The court held that K.S.A. 59-3504(b) makes a TOD beneficiary’s interest subject to the owner’s lifetime conveyances.
- Richard’s 2013 quitclaim deed validly created a joint tenancy with Kevin during Richard’s lifetime, leaving no interest for the TOD deed to transfer at death.
- The deed’s post-death recording did not invalidate the conveyance as between the parties, given delivery during Richard’s lifetime.
- The case was resolved in Kevin’s favor as sole owner by survivorship.

## Legal Principles

- A TOD deed beneficiary takes the property subject to all lifetime conveyances made by the record owner. (K.S.A. 59-3504(b))
- A later inter vivos conveyance can defeat a prior TOD designation without a separate, recorded revocation of the TOD deed.
- As between grantor and grantee, delivery is the operative act for deed effectiveness; recording principally serves a notice function and is not required to validate a delivered deed.
- A validly created joint tenancy with right of survivorship transfers full ownership to the surviving joint tenant at the other tenant’s death.

## Conclusion

Because Richard delivered a deed during his lifetime creating a joint tenancy with Kevin, the TOD deed to Charles was defeated under K.S.A. 59-3504(b), and Kevin took sole title by survivorship despite the deed being recorded after Richard’s death.


Sheils v. Wright, 357 P.3d 294 (Kan. Ct. App. 2015)