Does a quitclaim deed override a Will?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 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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