Does a quit claim deed cancel a will?

1 answer | Last updated: Sep 15, 2016
A fellow caregiver asked...

mom died. in 2008 she made a will. only asset is her home. in 2011 she signed over a quit claim deed on her home. does quit claim deed cancel out will

Expert Answers

You state that your mother made a will in 2008 and in 2011 signed over a quit-claim deed on her home. I gather than in her will she left the home to one person, but named someone else in the quit-claim deed.

A will is not binding on any property it covers before the will writer dies. While the will writer remains alive, she can sell or give away any property that was formerly covered by her will.

You mother must have been mentally competent to have executed a legally valid quit-claim deed in 2011. Also the deed must not have been obtained by fraud, or duress or other improper means. However, proving any of this is difficult, and requires a lawsuit"”which means hiring a lawyer, and paying substantial fees.

I'm sorry that I can't give you better news.