Posted on: 14th Sep, 2008 09:24 am
my mothers property is quit claimed to her and my brother, in the case of her death does the quit claim over ride the will? In the will the property is to be split among the three of us siblings.
Welcome Morey,
Whether the quitclaim deed has been executed prior to or after the Will, it should override the Will. This is because a Will transfers property after the death of the owner. But once executed, a quitclaim deed transfers property immediately to the grantee. So, there's no property left to be transferred after death. That's the reason quitclaim override the Will.
You may check out a similar discussion at http://www.mortgagefit.com/quitclaim/will.html wherein Attorney Joshua heard has spoken about quitclaim vs Will.
Whether the quitclaim deed has been executed prior to or after the Will, it should override the Will. This is because a Will transfers property after the death of the owner. But once executed, a quitclaim deed transfers property immediately to the grantee. So, there's no property left to be transferred after death. That's the reason quitclaim override the Will.
You may check out a similar discussion at http://www.mortgagefit.com/quitclaim/will.html wherein Attorney Joshua heard has spoken about quitclaim vs Will.