Posted on: 27th Nov, 2010 04:56 pm
I'm wondering if there's potential for legal troubles here. My widowed mother has 3 children, we are each to inherit a third of her property when she passes according to the will in her living trust. At the same time her trust was prepared, she signed a quitclaim deed for her house to my brother (we all live in the same state). Is this in conflict? Since the house is technically in his name now, will my sister & I still inherit our "thirds"?
Hi Lynne,
If the house has been signed over to your brother, then he is the owner of the property irrespective of the will. The will comes into affect after the death of the concerned person whereas the quitclaim deed will come into affect immediately. You and your sister won't be able to claim your share from the house.
If the house has been signed over to your brother, then he is the owner of the property irrespective of the will. The will comes into affect after the death of the concerned person whereas the quitclaim deed will come into affect immediately. You and your sister won't be able to claim your share from the house.