Posted on: 08th Jul, 2012 12:33 pm
My father passed in 1997. 6 days before he died he and my mother quitclaimed my oldest brother on the deed so that he may help my mother if need be. My mother passed in 2010 leaving a Will and Trust for the property to be divided amongst her 4 children. My brother says he is the owner an refused to honor the trust.
Does a trust supersede a quitclaim deed?
Does a trust supersede a quitclaim deed?
Hi mskaren,
As the quitclaim deed was signed before the will, the deed will be given more importance than the will. This is because, the will comes into effect after the death of a person and the deed comes into effect during the lifetime of a person. So, I guess your brother is right.
Thanks
As the quitclaim deed was signed before the will, the deed will be given more importance than the will. This is because, the will comes into effect after the death of a person and the deed comes into effect during the lifetime of a person. So, I guess your brother is right.
Thanks
Hi mskaren!
Welcome to forums!
It will be better if you and your other siblings can contact a real estate attorney and take his opinion in this regard.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
It will be better if you and your other siblings can contact a real estate attorney and take his opinion in this regard.
Feel free to ask if you've further queries.
Sussane
Once the property is transferred by quitclaim deed, the property is no longer part of the estate, so it is not passed by will. Your brother is correct.
