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Can quit claim deed from spouse hold up after my death?

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Icon Mini Profile LGWilson





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Post Posted: Mon Jul 18, 2011 8:10 am    Post subject: Can quit claim deed from spouse hold up after my death?
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I want to set up a trust where my two children (from previous marriages) inherit the house my wife and I live in. She has agreed to sign a quitclaim deed to relinguish her marital claim to the house (she has separate assets to leave to her daughter). Will this hold up in Kansas in the event of my death before the house is sold?
Icon Mini Profile smithsussane
smith.sussane




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Post Posted: Mon Jul 18, 2011 8:43 pm    Post subject:
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Hi LGWilson!

Welcome to forums!

If you have a will and a property deed mentioning the same, then it will definitely hold up in Kansas. You can even contact a real estate attorney and check out his suggestions in this matter.

Feel free to ask if you've further queries.

Sussane
Icon Mini Profile gmakerley
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Post Posted: Tue Jul 19, 2011 7:32 am    Post subject:
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I can't conceive of a reason why a valid quit claim deed wouldn't continue to be valid in the event of your passing. Of course, you don't have one at this juncture, until such time as your wife actually transfers her interest in the home.

Once you're the sole owner, your will is going to determine how the property is passed along upon death.

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Icon Mini Profile gmakerley
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Post Posted: Tue Jul 19, 2011 7:32 am    Post subject:
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Then again, as Sussane also noted...check with your attorney. This is a legal matter and needs a legal opinion.
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George M. Akerley
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