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Mother was put in a nursing home and the daughter used a quit claim. Mother has died and the daughter has died. There are two brothers, but the granddaughter is controlling everything. The will stated that the daughter have 60% and the two brother each 20%.
19 ANSWERS
If mother was capable to sign quit claim, it may be valid. However, the will will need to be probated and the conveyance challenged.
Answered on Nov 11th, 2013 at 7:19 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Yes, if the mother uses a quitclaim deed to transfer property to her daughter, the mother can no longer use her will to control who gets the property. She can only use her will to distribute what she owns when she dies.
Answered on Nov 11th, 2013 at 7:18 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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What do you mean by "the daughter used a quit claim." Did Mother execute and deliver a deed to Daughter? Is so, then Daughter owned the property and it was not subject to Mother's will. Did Daughter wrongfully try to take title to the property through the use of a quitclaim deed? If so, then her action is void or voidable, and she might not even get her 60%.
Answered on Nov 07th, 2013 at 6:35 PM
Edwin K. Niles
Deed controls, unless you can prove undue influence or some other invalidating circumstance.
Answered on Nov 07th, 2013 at 6:04 PM
2 Awards
Generally yes unless there is undue influence regarding the deed. I strongly encourage you to have the deed and will reviewed by an attorney. Most attorneys give free consultations.
Answered on Nov 07th, 2013 at 6:03 PM
Yes. If used properly, a Deed conveys title during life. The Will does not speak until death.
Answered on Nov 07th, 2013 at 5:56 PM
Thomas Edward Gates
If there was a legal transfer before the death, then the house would not be in the estate to distribute to the beneficiaries.
Answered on Nov 07th, 2013 at 5:55 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes, the quit claim deed overrides the Will. The Will only controls what was in the "estate" at the time of death.
Answered on Nov 07th, 2013 at 5:55 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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A quit claim is a form of deed. It is used to transfer real property. If mother owned real property, daughter could not quit claim it to herself. Only the owner of real property can transfer real property. Mother had to sign the deed. If daughter forged her mother's name to a deed, that's a crime. If daughter made her mother sign a quit claim deed, then the brothers could bring a claim of undue influence or something similar. But they'd better get on it quickly.
Answered on Nov 07th, 2013 at 5:55 PM
Estate Planning Attorney serving Seattle, WA
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Law Offices of Scott K. Wilson
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A signed quit claim deed overrides a will, because the property covered by the deed is not part of the estate at your mother's death. If the deed was obtained by undue influence or your mother lacked legal capacity to convey property at the time she signed, then you can challenge the deed by way of a quiet title action against your sister's child. The deed needed to be notarized to be valid.
Answered on Nov 07th, 2013 at 5:55 PM
3 Awards
If the deed was done correctly then the current situation would be the outcome. The property passed by operation of law, not by Will. There may be issues with the deed, did the maker have capacity. You should probably have a trust and estate attorney review all of the facts.
Answered on Nov 07th, 2013 at 5:55 PM
The deed will control unless it was obtained through fraud or undue influence. You should consult an estate planning attorney to review all of the facts and advise you.
Answered on Nov 07th, 2013 at 5:54 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The quit claim deed will take ahead of a will, if properly executed. I suggest you contact a probate attorney for advice, concerning the validity of the deed; if not executed properly, then a probate of the estate will be needed.
Answered on Nov 07th, 2013 at 5:53 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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A quit claim transfers her interests in real property (house, land) ONLY if it was property signed, notarized and delivered to the repic in the county land records you could have an issue to reclaim the real property. Everything else goes through the will.
Answered on Nov 07th, 2013 at 5:53 PM
This case will end up being resolved by the Court and possibly in a Quiet Title Action. Consult with an attorney who specializes in estate litigation for more details and further assistance.
Answered on Nov 07th, 2013 at 5:53 PM
A Will operates to direct the distribution of assets owned by the deceased in the deceased's name alone at the time of death. A quit claim deed operates to convey whatever interest the grantor owned in the property at the time the deed is signed and delivered. If Mother signed a deed and it was delivered during her lifetime, then upon her death, she had no interest in the property. The Will does not affect the property because Mother didn't own it. Her daughter owned it.
Answered on Nov 07th, 2013 at 5:52 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, generally a quit claim deed will override a will.
Answered on Nov 07th, 2013 at 5:52 PM
If the property has been properly deeded away prior to death, the will will not control the property.
Answered on Nov 07th, 2013 at 5:52 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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But if mother gave the property to daughter, then the real estate is not in mother estate and cannot be distributed to the brothers. Brothers' only chance is to prove that mom did not have the capacity to know what she was doing when she signed the quit claim. Contact a local attorney and discuss all of the issues with him or her.
Answered on Nov 07th, 2013 at 5:52 PM