What happens if a quitclaim deed contradicts a Will?

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What happens if a quitclaim deed contradicts a Will?

If a Will is created leaving a home to 4 parties, 1/3 to 2 of those persons and 1/6 to the other 2, but a quitclaim deed has been filed leaving the home to the individuals set to receive 1/3 each with no mention of the other 2. Is it possible that the others could be left to receive nothing?

Asked on July 19, 2011 under Estate Planning, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, it is.  You have no right to the asset unless and until the person who owned it passes away.  And of the asset is no longer a part of the estate - the owner choosing to transfer the asset during their lifetime rather than waiting for the asset to transfer at death - then those that were to receive it have no claim.  But this situation needs to be looked at as a whole and not in individual parts.  What I mean is is it possible that the parties to whom the property was transferred acted inappropriately and unduly influenced the grantor?  You need to see, then, if it is possible to set aside the transaction.  Seek legal help in your area.  Good luck.


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