Does a quitclaim override a Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does a quitclaim override a Will?

Asked on March 28, 2019 under Estate Planning, Tennessee

Answers:

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

Answered 2 years ago | Contributor

A Will can only distribute property which was owned by the deceased at the time of their death. Further, a Will cannot prevent property from being transferred, sold, or otherwise disposed prior to the person's death. Wills have no power or effect pre-death. Accordingly if a home was quitclaimed to someone else prior to death, it was not owned by the deceased when they died so their Will has no power to transfer it; it belongs to whomever it was quitclaimed to.

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

Answered 2 years ago | Contributor

A Will can only distribute property which was owned by the deceased at the time of their death. Further, a Will cannot prevent property from being transferred, sold, or otherwise disposed prior to the person's death. Wills have no power or effect pre-death. Accordingly if a home was quitclaimed to someone else prior to death, it was not owned by the deceased when they died so their Will has no power to transfer it; it belongs to whomever it was quitclaimed to.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption