Does a quitclaim override a Will?
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Does a quitclaim override a Will?
Asked on March 28, 2019 under Estate Planning, Tennessee
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A Will can only distribute property which was owned by the deceased at the time of their death. Further, a Will cannot prevent property from being transferred, sold, or otherwise disposed prior to the person's death. Wills have no power or effect pre-death. Accordingly if a home was quitclaimed to someone else prior to death, it was not owned by the deceased when they died so their Will has no power to transfer it; it belongs to whomever it was quitclaimed to.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A Will can only distribute property which was owned by the deceased at the time of their death. Further, a Will cannot prevent property from being transferred, sold, or otherwise disposed prior to the person's death. Wills have no power or effect pre-death. Accordingly if a home was quitclaimed to someone else prior to death, it was not owned by the deceased when they died so their Will has no power to transfer it; it belongs to whomever it was quitclaimed to.
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