What takes precedence – a Will or a quitclaim deed?

My father made a Will several years ago but recently deeded me a small section of his land dividing it between 3 kids and changing what’s in the Will. In case of his death which one is valid – the original Will or the new filed deed?

Asked on October 23, 2017 under Real Estate Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A Will can only convey that which the testator (i.e. the person who makes the Will) owns at the time of their death. Accordingly, since the land has already been conveyed to you by deed, then you are the legal owner. The property is no longer a part of your father's estate.

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