Final answer:
A deed is typically considered valid when it is delivered with the intention to transfer title and is accepted by the grantee. Recording of the deed is not a requirement for validity but is important for protection against third-party claims. The deed delivered by Tonya to Kim, to be recorded after Tonya's death, could be an attempt to create a life estate or testamentary gift, which must comply with relevant laws.
Step-by-step explanation:
The validity of a deed such as the one described in the question falls under the realm of property law and depends on several factors, including the laws of the jurisdiction where the property is located. General legal principles suggest that a deed becomes valid when it is delivered with the intention to transfer title, and acceptance by the grantee, in this case, Kim. However, since Tonya has only delivered the physical deed to Kim with the condition that it not be recorded until Tonya’s death, there's a potential argument that the deed could be considered an attempt to create a life estate or testamentary gift that only becomes effective upon Tonya’s death. Recording is not typically a requirement for the validity of a deed, but it is a critical step to protect the grantee's interest in the property from claims by third parties.
In some cases, such a transaction might resemble a transfer on death (TOD) arrangement, which is recognized in many jurisdictions as a non-probate mechanism to pass property. However, it's important that the deed complies with all state-specific regulations, including those regarding TOD deeds if applicable. The historical example of Sharon Kowalski and Karen Thompson illustrates the complexities that arise with property rights and the need for clear legal arrangements, especially when traditional marriage and guardianship laws do not recognize the real-life situations of the parties involved. Conversely, the passage from historical law shows an early example of how property rights might be transferred through a deed mentioned.