Quit Claim vs. Last Will and Testament

Hi Peejo,

Welcome to the forums.

Legally the Will shall be getting priority. You dad may not have signed on the quitclaim deed prior to making the Will. And, the worst thing over here is that you've not received a copy of the deed signed by him. So, even if you could have claimed an interest in his property, how can you do so now that you don't have the deed with you and there's no one to trace it for you.

I may sound discouraging but then I really don't find any hope in this. But I am not a legal professional, so in such a situation, I would definitely advice you to consult a lawyer for further advice.

Take Care

Hi Sara, Well the thing is my dad put my name on the quitclaim deed back in 1982. He made and signed his will in 2002. He died in 2004. I do have a copy of the Quitclaim deed and was contacted by the county clerks office telling me his home and property was put up for auction in 07-06. The county clerk office is the one who told me I had interest coming to me because of the property being sold at auction and they had sent me a certified letter to me but at my dads address in Fla. but I live in Ky. Anyways this property was put up for auction to pay past taxes on it but I still was entitled to the interest. Myself and another lady was put on this quitclaim deed but she has since passed away but I'm still only to receive half. I think my dad either forgot about this or wanted me to have it without anyone else on his side knowing. I guess I'll never really know now.

Ok if the county clerk says so, then you should have been given half of the interest in your father's property. But then the Will says something different, isn't it? Even I feel that your dad must have forgotten the quitclaim deed which he has signed over to you.

Now, that you say, I still feel there's a chance for you. What I suggest is you have a talk with the person who's getting your dad's property as stated on the Will. You can show him the deed's copy and may be fix up a meeting with the county clerk, if that's possible. Or else, if he comes to know that your quitclaim deed is recorded at the county clerk's office, then he may agree to give away a share of interest from the property he's getting, and that'll be fine. Otherwise, you can go to court and claim your share of interest. You have the copy of the deed and the county clerk's notice perhaps. But do consult a lawyer before you take the step.

Take Care

Peejo, Has the Will gone through a probate yet? Then you can claim your share at the probate process itself. You can also provide the copy of the quitclaim deed and the county clerk's notice, if any.

I don't know but I have the feeling that the Will may supercede the quitclaim deed as it has been created after your father has signed on the deed.

God bless you.

Samantha

Hi Peejo,

The deed may supercede the Will as it has been executed prior to the Will. In fact, the specific wording of the deed will actually decide the next owner of the property. An attorney dealing with probate in your state will be the best person to guide you in this matter.

Regards,
Jessica.

Thank you all for advice. The money from the interest from the property that was sold at auction is being processed at the courthouse. I was already told how much I would be getting. The other lady who's name was also on the Quitclaim Deed passed away but her heir(s) will be getting her share if they do what I did by getting the claim form notarized and sending in proper documentation which I did. Since my dad had listed us both as tenants in common, then its split and the other doesn't get the ones part as we are tenants in common. The claim form I sent there has been gone for a little over a month now. I wouldn't of even known about my dads will if I hadn't done some researching. I called and asked it to be sent me and had to pay $5 for the 5 pages of his will. I was never contacted about my dads passing in 2004 until 2006. I wouldn't of known about the Quitclaim deed either if some man I don't know was trying to locate me and did thru my neighbor as he wanted to pay me $2.500 for my part of the title. Yea Right!! Why would I be stupid enough to do that when I'm gettin over $39,000. But he actually did me a favor because when he sent me a certified letter, he included a copy of the Quitclaim Deed and thats when I found everything out about the property and house going up for auction. They told me at the courthouse that they only had one address for me and they do not go searching for people. I was then informed that I would be entitled to the interest or a portion of the interest. I was never told about my dads will. I just looked it up at the county clerks records site and called to have copies sent me of it. Sooo I'm thinking these would be two separate issues, that is the will separate from the deed as the quitclaim deed was never irreverisble. I called today about the claim and a lady there is suppose to call me back to when I'm to receive my money. Hopefully she'll call me Monday but if not I'm calling her back. Just anxious about the whole thing. Thanks for responses.

yes peejo you should call back the lady in case she doesn't, and let's keep the fingers crossed and hope you'll soon get what you've claimed.

"I called today about the claim and a lady there is suppose to call me back to when I'm to receive my money."

You really have been through some difficult time and I must say have handled it very correctly. Let us know what happens when you get the call about the claim.

Miller

We were issued each a Quit Claim by our father on January 2009. But our father made a Last Will and Testament made in January 2010 stating that all his assets would be divided equally among us siblings. Basing on the dates, does this Quit Claim given to us is useless? Should the Last Will and Testament be the one to be enforce or followed?

Hi Ceesco,

The will comes into affect after the death of the person whereas the quitclaim deed comes into effect immediately after it is recorded. Thus, I feel that the quitclaim deed will be given more importance. Nevertheless, you should speak to an attorney in this regard and take his opinion.

Thanks

Thanks for the info. I have another question, do any of my siblings entitled to have a share of my QC that my father gave to me? Can the LW&T (since its the LWT) over power or disregard any claims including the QC?

Hi Ceesco,

If the quitclaim deed is solely in your name, then you won't have to share the property with anyone else. This quitclaim deed had come into immediate affect when your father signed the deed.

Thanks

My mother died 6 years ago and in her will says" if I die half of my assets should go to my husband (that's my dad) if he survive me in 30 days ( my dad survive for 4 years), and if he doesn't survive me in 30 days, half of my assets would be equally divided to my children. "My question is, since my dad survived for more 30 days, would my mother assets all go to my dad or her children have a share of the half of my mothers assets? What's your interpretation of my mom's will?

Hi Ceesco,

Well, as per the wording, half of your mother's assets will go to her husband, your father. It will be better if you could speak to an attorney in this regard.

You can only give away property in a will that you own at death. If you don't own it, it doesn't transfer by will. A quitclaim deed properly executed before death would transfer the property interest so it is no longer owned, and thus, can't be passed by will. In other words, a prior quitclaim deed will transfer the property and the will won't.