Can a Will override a deed?
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Can a Will override a deed?
Property that I was to inherit from my mother was transferred by quitclaim deed to my sister.
Asked on June 16, 2019 under Real Estate Law, Connecticut
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
A Will can only distribute property that is owned by a person at the time of their death. Additionally, a Will cannot prevent property from being transferred prior to the death of the testator (i.e. the person who made the Will) since they have no power or effect pre-death. Therefore, if a home was quitclaimed to someone else before the testator died, 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 4 years ago | Contributor
A Will can only distribute property that is owned by a person at the time of their death. Additionally, a Will cannot prevent property from being transferred prior to the death of the testator (i.e. the person who made the Will) since they have no power or effect pre-death. Therefore, if a home was quitclaimed to someone else before the testator died, their Will has no power to transfer it; it belongs to whomever it was quitclaimed to.
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