Posted on: 28th Jul, 2008 01:40 pm
My question:
My father drafted HOLOGRIFIC hand written Will stating the disposal of his property once he passed to all the siblings. However, my younger brother was the only left living with him. During this period the air conditior broke and they needed to replace it. Since my Father was retired and could not get a loan, my dad Quit Claim the property to my Brother only. My dad has since died. The question is: dose the Quit Claim over ride the Will? My other brothers and sisters want to challenge the Will over the Quit Claim. Please provide an answer.
William
My father drafted HOLOGRIFIC hand written Will stating the disposal of his property once he passed to all the siblings. However, my younger brother was the only left living with him. During this period the air conditior broke and they needed to replace it. Since my Father was retired and could not get a loan, my dad Quit Claim the property to my Brother only. My dad has since died. The question is: dose the Quit Claim over ride the Will? My other brothers and sisters want to challenge the Will over the Quit Claim. Please provide an answer.
William
Quitclaim. Since a will only passes property at the time of death, and a quitclaim passes property immediately. Once quitclaimed, there is no property available at death to pass.
Hi William.
Welcome to the forum.
Agree with jheard here. When your father quitclaimed the property to your brother, your brother became the owner of the property. So the will is not effective here. But if you can prove the quitclaim invalid then you can get share of the property. So is the quitclaim deed notarized and recorded in the county recorder's office?
Best of luck.
Larry
Welcome to the forum.
Agree with jheard here. When your father quitclaimed the property to your brother, your brother became the owner of the property. So the will is not effective here. But if you can prove the quitclaim invalid then you can get share of the property. So is the quitclaim deed notarized and recorded in the county recorder's office?
Best of luck.
Larry
