Posted on: 17th Feb, 2009 09:02 pm
when your mother quitclaims her home to you, but leaves it to someone else in her will. what happens?
Hi dd,
A will is executed after the death of the person who created it after which the successor gets the property. On the contrary, a quitclaim deed comes into effect as soon as it's notarized and recorded. After the quitclaim the grantee (who gets the property) becomes the legal owner and the grantor loses all his rights to the property. Thus, the person who has been quitclaimed the property to, inherits the property and the will becomes invalid.
A will is executed after the death of the person who created it after which the successor gets the property. On the contrary, a quitclaim deed comes into effect as soon as it's notarized and recorded. After the quitclaim the grantee (who gets the property) becomes the legal owner and the grantor loses all his rights to the property. Thus, the person who has been quitclaimed the property to, inherits the property and the will becomes invalid.
which came first? that is the key question here.
