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will over ride quit claim deed?

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bethany18

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PostPosted: Mon Jul 30, 2007 5:55 pm    Post subject: will over ride quit claim deed?

Our home loan is only in my husbands name, thus i signed a quit claim deed at closing. If he has it stated in his will that his property is to go to me, will the quit claim deed over ride that? We really dont want to have to re finance the house to get me on the deed
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Icon Mini Profile miller_st
miller_st


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PostPosted: Mon Jul 30, 2007 6:49 pm    Post subject:

Bethany, if your husband makes a will naming you as the sole beneficiary to receive ownership of the home after his death then there is no complication in it.

Miller
 
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Icon Mini Profile carnahandavid
carnahandavid


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PostPosted: Mon Jul 30, 2007 7:01 pm    Post subject:

I am not clear about which quit claim deed you are referring to. Are you saying what if he quit claims the house to someone before his death. And is the quit claim going to be valid or the will which he is making to give the home to you.

If this is what you have asked then, in case a quit claim deed is made to transfer ownership then the grantee will become owner and will not transfer ownership of the house to you.
 
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bethany18

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PostPosted: Mon Jul 30, 2007 9:10 pm    Post subject:

the quit claim was signed by me at closing to give him sole ownership. If his will gives the property to me then it looks like I should be ok, right?
 
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Icon Mini Profile larry



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PostPosted: Mon Jul 30, 2007 10:33 pm    Post subject: RE:

Hi Bethany,

Signing the quitclaim deed in the past has nothing to do with the Will of your husband. If you are mentioned in the Will, you will receive the ownership without any worry.
 
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Icon Mini Profile miller_st
miller_st


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PostPosted: Tue Jul 31, 2007 11:49 am    Post subject:

"the quit claim was signed by me at closing to give him sole ownership. If his will gives the property to me then it looks like I should be ok, right?"

Yes, you can go ahead with plans of creating a will. If something happens to your husband you will get to own the property as you be mentioned as the only beneficiary to receive his property.

And other option is that when the loan is paid off your husband makes a quit claim deed to include you on the title.

Miller
 
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