What to do if in my late mother’s Will she named 4 of her 5 children to be given the proceeds of her home but there is a quitclaim deed that differs?

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What to do if in my late mother’s Will she named 4 of her 5 children to be given the proceeds of her home but there is a quitclaim deed that differs?

The Will was written over 10 years ago. We found a quit claim deed naming only 3 of her 5 children. Which of these 2 documents do we go by?

Asked on July 22, 2013 under Estate Planning, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  Your state law can have an impact on the guidance given here but generally speaking, if the deed was properly executed and acknowledged (before a notary) are not impacted by the death of the grantor (your Mom). So I would speak with an attorney as soon as you can.  Good luck.



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