If a will states that tangible property goes to children, does a quit claim deed to the house override that??
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If a will states that tangible property goes to children, does a quit claim deed to the house override that??
Her will specifically states that all tangible personal property owned at the time of
her death including clothing, jewelry, furniture, furnishings, household goods. Etc to
be distributed to her three children.
Mom died, her husband got the house because of the quit claim deed and he just
sold the house. He never contacted us about the contents family heirlooms,
furnishings, etc.
Could we have a legal case against him?
Asked on November 17, 2016 under Estate Planning, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
A quit claim deed only affects real estate (that is, the house): it has NO effect on *any* thing within it or any other personal property, other than fixtures to the house, which would have become his (e.g. chandeliers).
If he sold off or kept items that were willed to others, he could be sued for their value.
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