QUESTION

Does a will override a quitclaim?

Asked on Mar 28th, 2019 on Estate Planning - Tennessee
More details to this question:
A home was quitclaimed to my grandmother and my mom. In my grandmother's will it states her property should be divided between my mom and my grandmother's sister or her heir. My grandmother has passed and now her sisters heir wants to sell the house and take my mom to court because my mom does not want to sell. .
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2 ANSWERS

If real property is held jointly and one party wants to sell and the others do not, they can be a partition action filed in the chancery court to force a sale of the property and a division of the money.
Answered on Mar 29th, 2019 at 5:36 PM

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Wills Attorney serving Austin, TX
2 Awards
A quitclaim deed does not pass title/ownership of property.  It merely records that someone has decided to quit claiming their ownership in favor of other people who claim ownership.  Presumably no one else claimed ownership at the time this quitclaim deed was filed so it meant nothing.
Answered on Mar 29th, 2019 at 5:16 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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