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does a quickclamm deed override a will?

chrisgummerson · Posted: Mon May 09, 2011 1:33 pm Post subject:

If a will was created from party A to party B for a fee simple estate, then party B acquires the property. Party B is able to do what he wishes with the property, deed, sell, encumber...So if B was willed the property, then he can do as he wishes with the property. If the property is willed in one party name, but a quitclaim was deeded to another party, without the Persons consent who signed the will, then the Will would overpower. I would need more information to understand better your question.

smithsussane · Posted: Mon May 09, 2011 9:50 pm Post subject:

Hi chase!

Welcome to forums!

If the quitclaim deed is signed and recorded before the will, then the quitclaim deed will be considered as primary. It will override the will. Moreover, a will comes into affect after the death of the grantor. But, the quitclaim deed will come into affect immediately after the signing and recording of the deed. Nevertheless, you should contact a real estate attorney and take his opinion in this matter.

Feel free to ask if you've further queries.

Sussane

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