QUESTION

Does a Will override a Quitclaim deed?

Asked on Nov 16th, 2014 on Estate Planning - Texas
More details to this question:
Mom executed a will between 2 beneficiaries and in the will named one the executor for her real property. Month’s later mom executed a quitclaim deed granting real property to another person not stated in the will. Quitclaim was signed but it was not sent to the county for filing until mom died. So basically both were not filed until after she died... So who is entitled to the property?
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1 ANSWER

Wills and Estate Planning Attorney serving Sugar Land, TX at Law Offices of Kimberly D. Moss, PLLC
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It appears that the quit claim deed was executed after the will was signed by your mom and is a valid conveyance. As long as the transaction occurred in good faith between your mother and the grantee to the quit claim deed, he or she has a valid claim to the real property. To be on the safe side, I strongly recommend you get a consultation with a local attorney.
Answered on Nov 17th, 2014 at 3:43 PM

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