What takes precedence – a Will or a quitclaim deed?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What takes precedence – a Will or a quitclaim deed?

My father made a Will several years ago but recently deeded me a small section of his land dividing it between 3 kids and changing what’s in the Will. In case of his death which one is valid – the original Will or the new filed deed?

Asked on October 23, 2017 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A Will can only convey that which the testator (i.e. the person who makes the Will) owns at the time of their death. Accordingly, since the land has already been conveyed to you by deed, then you are the legal owner. The property is no longer a part of your father's estate.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption