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will over ride quit claim deed?

Posted on: 30th Jul, 2007 05:55 pm
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
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
Posted on: 30th Jul, 2007 06:49 pm
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.
Posted on: 30th Jul, 2007 07:01 pm
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?
Posted on: 30th Jul, 2007 09:10 pm
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.
Posted on: 30th Jul, 2007 10:33 pm
"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
Posted on: 31st Jul, 2007 11:49 am
My will leaves all to my husband.Does that mean he will get my cds with P.O.D.'s to my kids, that was bought by me with money their deceased father left me?
Posted on: 07th Dec, 2008 07:40 am
Welcome Shirley Wysk,

As far as I can understand, yes, the cds with P.O.D.'s to your kids will also be your husband's. In my opinion you can include a clause in the will which states that the cds will be inherited by your kids.
Posted on: 08th Dec, 2008 12:38 am
my mother passed away, leaving a deed and a will, which needs to be probated, does this will override the existing deed. The will was made after
the deed?
Posted on: 08th Mar, 2009 06:03 pm
Hi concerned,

As you have mentioned the will was made after the deed, the will surely overrides the deed. Now the property will be probated and distributed as per the instructions in the will.
Posted on: 08th Mar, 2009 09:37 pm
if my husband quitclaims our house to me, will it override our wills giving our shares of the house to one another?
Posted on: 11th Mar, 2009 10:53 am
Hi Guest,

A quitclaim deed overrides a will. Once a quitclaim deed is signed it becomes effective immediately. However, a will comes into effect only upon the death of a person. Thus, if your husband quitclaims the house to you, you become the owner of the house with immediate effect.

Thanks,

Jerry
Posted on: 12th Mar, 2009 05:48 am
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