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When a person has a will leaving everything to one child, bu

Posted on: 05th Nov, 2008 02:29 pm
when a person has a will leaving everything to one child, but a a deed with three children on it...my mother has a quit claim deed for her house with just the 3 children on it. but, in her will she wants to leave everything to one child from the deed. does that mean that one child will get the house. or does what does everything mean on a will.
Hi cwhip!

Welcome to forums!

As far as I can understand from your question, the house will be divided between 3 children but the other properties will be given to the child named in the will. But before that it will be probated by the court. I would recommend you to take some legal advice in this case.

Feel free to ask if you have further queries.

Sussane
Posted on: 05th Nov, 2008 06:13 pm
Hi cwhip!

If the quitclaim deed was formulated after the will, then the quitclaim deed will be valid and not the will. This is because the property that was to inherited after your mother's death has been already quitclaimed. So the will does not have any importance.

Thanks
Posted on: 06th Nov, 2008 01:59 am
Hi Cwhip,

If the deed has been executed after the Will has been prepared, then the estate to be inherited by heirs after your mother's death is transferred by quitclaim. Therefore nothing remains to be inherited by anyone named on the Will. Hence the persons named on the deed will get ownership rights on property.

Take care
Posted on: 06th Nov, 2008 03:06 am
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