does a quit claim deed supercede a bequest in a will?

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Icon Mini Profile reygwen

Joined: 09 Nov 2009

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Post Posted: Mon Nov 09, 2009 2:08 pm    Post subject: does a quit claim deed supercede a bequest in a will?

My parents quit claimed a house to me 10 years ago before their deaths. This same house is still listed in their will as being property to be sold and divided between myself and my siblings.

Is the house legally mine without having to be sold and divided, or do I have to return it to my parents estate?
P.S. I cared for both of my parents without help from my siblings for over 15 years.
Icon Mini Profile jameshogg

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Post Posted: Mon Nov 09, 2009 7:39 pm    Post subject:

Hi reygwen,

A quitclaim deed will come into effect during the lifetime of the grantor whereas the will would come into effect after the grantor's death. In such a situation, the quitclaim deed will be taken into consideration rather than the will. However, you may even contact a real estate attorney and take his opinion in this regard.



Post Posted: Sun May 30, 2010 5:44 am    Post subject: Mortgage insurance

My sister's common law husband died. They had a joint mortgage with loan protector insurance. The loan was fully paid...her common law husband had a 30 year old will which made his former wife the beneficiary. Does his former wife have any claim to the house?
Icon Mini Profile adonis

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Post Posted: Sun May 30, 2010 10:22 pm    Post subject:

Welcome Dale,

I've given my suggestions in regards to your query at:

Take a look at it. Hope it helps you.

Procrastination is the enemy of your financial success


Post Posted: Sat Apr 16, 2011 12:55 pm    Post subject: Does a will supercede a quit claim deed?

I filed a quit claim deed with a life estate which would give my house to my sister. Things have occurred which make me want to change the deed to another relative. If I file a handwritten will, would that supercede the currently filed quit claim deed?
Icon Mini Profile Niicss

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Post Posted: Mon Apr 18, 2011 2:26 am    Post subject:

As far as I know, a will won't supersede the quitclaim deed. The deed will come into affect during the lifetime of the grantor whereas the will goes into affect after the death of the grantor. If you want to change the deed, then you'll have to ask your sister to sign a deed and give up her life estate rights on that property.
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