What to do if my father-in-law passed away 10 years ago and in his Will left 6 siblings his property which he then gave to his ex-wife via quick claim deed?

His ex-wife claims to have a quit deed from him. What chance does she have in taking property from the siblings named in Will? Also, the ex-wife is the executrix of his Will.

Asked on August 13, 2013 under Estate Planning, Kentucky


Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

The will only distributes property that your father-in-law owned at the time of his death. Because he must have executed the quit claim deed to his ex-wife during his lifetime, he did not own the property at the time of his death. He cannot give it to anyone through his will. The property belongs to his ex-wife. (I am assuming that the quit claim deed was properly executed and delivered to her.) 

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