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aechuh · Joined: 04 Mar 2010 Posts: 1 1.42 Dollars($)

Many years ago I purchased my home in California with help from my father whose name was included in the title (but not in joint-tenancy) along with my wife and myself. My wife and I are shown as "married to each other".

My father who has now passed-away, was married at the time, but was granted a quit-claim deed from his wife to any interest she would have in the property having been married to him. The deed listed his ownership interest "… a Married man, as his separate property".

It turns out that my father failed to mention his interest in the property in his trust document and our attorney tell us that his interest now passes to his wife under the terms of the pour-over will provision of his trust.

How can it be that his wife should now receive his interest even though she had already granted him a quitclaim to it? Is it true that a quit-claim deed is no longer effective after someone has passes away? Is our attorney mistaken in his judgement?

jameshogg · Posted: Thu Mar 04, 2010 8:22 pm Post subject:

Hi aechuh,

As far as I can understand the situation, the wife had signed a quit claim deed and transferred her interest in the property to your father. In that case, she will not have any rights to the property. The quit claim deed will remain valid though your father has passed away now. I would suggest you to take a second opinion from any other real estate attorney in this regard.

Thanks

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When does a quit claim deed no longer apply?

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