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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.

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Thanks

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:18 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:18 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Dale,

I've given my suggestions in regards to your query at:
http://www.mortgagefit.com/propertytransfer/formerwife-will.html

Take a look at it. Hope it helps you.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:18 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I filed a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] 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?

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:18 | Post subject:

Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 02:18 | Post subject:

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