Does a quitclaim deed override a Will?

there was a quitclaim 10 years ago on house my dad owned with my stepmother (she is on the

title also). My father passed and has a Will. Does the will over ride the quit claim?

Asked on April 22, 2016 under Estate Planning, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A will only distributes property which was owned by the decedent (the person who died) at the time of his death. A will does not prevent the property from being disposed of, transferred, sold, etc prior to the person's death--wills have no power or effect pre-death. Therefore, if the home was quitclaimed to someone else prior to death, it was not owned by the decedent when he died and the will has no power to transfer it; to belongs to whomever it was quitclaimed to.

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