QUESTION

Does a quit claim deed override the will?

Asked on Dec 05th, 2014 on Estate Planning - Oregon
More details to this question:
My aunt was going through financial issues between 7 and 10 years ago. I provided assistance over the last 8 years. 7 years ago, she signed a quit claim deed over to me and she recorded it. I have been paying the taxes for the last 7 years. She had a will also when she passed away in August of this year. Does the quitclaim override the will?
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3 ANSWERS

Business Law Attorney serving Portland, OR
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Yes, it does. Although you may have to defend the gift against a charge of undue influence.
Answered on Dec 05th, 2014 at 10:54 PM

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It doesn't override the Will, as such, however in effect the answer to your question is "yes." The Will only touches those things your aunt owned when she passed away. When she deeded the house to you, she no longer owned it. To the extent that the value of the house exceeds the value of assistance that you paid to her, other heirs might bring an argument that you hold the house in a constructive or resulting trust. Basically, though, you've owned the house for seven years.
Answered on Dec 05th, 2014 at 10:53 PM

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Family Law Attorney serving Redmond, OR at Oliver & Duncan
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If your aunt properly executed the quit claim deed which accurately described the property and put it in your name, and if the Quit Claim Deed was recorded with the county recorder in the county in which the property is located, and the quit claim deed should override the will. The point here is that a properly executed quit claim deed constitutes an immediate transfer of the property once it is recorded but a will only takes effect once the testator has died. By executing and recording the quit claim deed, your aunt removed the property from her own estate and put it in your name before she died and passed on her estate under the terms of the will.
Answered on Dec 05th, 2014 at 10:53 PM

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