Posted on: 13th Nov, 2007 11:35 am
there were originally 2 heirs to property. one heir bought property for 10.00 through quit claim. Said heir then had the parent make a new will leaving other heir out of will. Will is going to be probated and property still listed in will. which takes presidence, quit claim or will? Believe the heir is trying to get out of paying capital gains taxes.
Hi,
As far as I know, if the will has been prepared after the quit claim, then that will be considered.
As far as I know, if the will has been prepared after the quit claim, then that will be considered.
Hello Patricia,
More importance will be attached to the will if that has been made after the quit claim. The other heir may claim a share when the will is probated but the quit claim will ensure the ownership in that case.
More importance will be attached to the will if that has been made after the quit claim. The other heir may claim a share when the will is probated but the quit claim will ensure the ownership in that case.
a bit confusing the person is currently not on title but is in the will?
the people on title decide who property goes to after their death so whoever is in the will will get it. However if there is another heir already on title and title has the right of survivorship clause then the last surviving person is the full owner and will has no presedence since the people that put the will together dont have any rights to it after death.
If the deed is tennants in common then each of owners has ownership of their part and can give it to whomever they want either throug will or probate.
the people on title decide who property goes to after their death so whoever is in the will will get it. However if there is another heir already on title and title has the right of survivorship clause then the last surviving person is the full owner and will has no presedence since the people that put the will together dont have any rights to it after death.
If the deed is tennants in common then each of owners has ownership of their part and can give it to whomever they want either throug will or probate.
"there were originally 2 heirs to property. one heir bought property for 10.00 through quit claim. Said heir then had the parent make a new will leaving other heir out of will. Will is going to be probated and property still listed in will. which takes presidence, quit claim or will? Believe the heir is trying to get out of paying capital gains taxes."
Ok, lets try to get some things cleared up. We need specifics. Did they transfer full ownership or did they add the other heir to the deed?
As far as precedence goes, I am no attorney but think about it. A will is only valid upon the death of the person making the will. It doesn't count until then. If they did a quitclaim then the will doesn't count because when they pass away the house is not theirs anyway. Just like if they left you a car. Say they sell the car before they die... Would you go to the new owner and ask for the car back because it was in the will?
Ok, lets try to get some things cleared up. We need specifics. Did they transfer full ownership or did they add the other heir to the deed?
As far as precedence goes, I am no attorney but think about it. A will is only valid upon the death of the person making the will. It doesn't count until then. If they did a quitclaim then the will doesn't count because when they pass away the house is not theirs anyway. Just like if they left you a car. Say they sell the car before they die... Would you go to the new owner and ask for the car back because it was in the will?
