Another quit claim question - goes with previous question

Guest 0.10 Dollars($)

Yes, her plans were to leave me the house when she passes.

If I'm understanding correctly, if she completes a Will delcaring me full possession of the property at her demise, the Will will overide the quitclaim deed that she alreay has and that reflect all 4 children?

sara · Posted: Mon Mar 03, 2008 9:59 pm Post subject: RE: Will override quitclaim deed

Hi Als,

Welcome to the forums.

I guess you have asked a question at http://www.mortgagefit.com/quitclaim/will-afterdeath.html .

I have answered your query there. Now, coming to your query here: If your mother completes a Will delaring you as the owner of property after her demise, then the Will will surely override the quitclaim deed that she has.

Take Care

jheard · Posted: Tue Mar 04, 2008 8:37 am Post subject:

No. A properly executed quitclaim deed quits any claim she has to a property. If she then attempts to devise the property in a will, she has no property to give away. A quitclaim deed is a present transfer, while a will is a future, contingent, transfer.

larry · Joined: 27 Jun 2007 Posts: 2951 411.26 Dollars($)

Hi Als,

Welcome to the forum.

I think Jheard is right. Once she has quitclaimed the property, she has no interest or rights on the property. So she cannot "completes a Will declaring" you "full possession of the property"

Feel free to ask if you have any further questions.

Best of luck,
Larry

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