Does a quitclaim deed override a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a quitclaim deed override a Will?
there was a quitclaim 10 years ago on house my dad owned with my stepmother (she is on the
title also). My father passed and has a Will. Does the will over ride the quit claim?
Asked on April 22, 2016 under Estate Planning, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
A will only distributes property which was owned by the decedent (the person who died) at the time of his death. A will does not prevent the property from being disposed of, transferred, sold, etc prior to the person's death--wills have no power or effect pre-death. Therefore, if the home was quitclaimed to someone else prior to death, it was not owned by the decedent when he died and the will has no power to transfer it; to belongs to whomever it was quitclaimed to.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.