Does a quick claim deed supercede a will in a court of law?

Asked over 3 years ago - Wildwood, FL

A house was left to a person in a will, A care giver claims to have a quick claim deed for the same house.

Attorney answers (4)

  1. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    Answered . Yes-a quit claim deed is stronger than a will. The deed should be recorded and a matter of public record. If you feel undue influence is a factor-consult with Attorney.

  2. Joseph Warren Cannon Boyles

    Contributor Level 10

    Answered . I concur with the above attorneys. If the quitclaim deed was executed with capacity and without undue influence before the owner died, then he or she did not own the property at death and the will can have no power over the property.

  3. Debra G Simms

    Pro

    Contributor Level 11

    Answered . Yes, the deed will control who now owns the property. If you believe the deed was obtain by fraud, undue influence, etc. then you might consider a action to set aside the deed.

    Please call for further information.

    Debra G. Simms

  4. Andrew Daniel Myers

    Contributor Level 20

    Answered . A quitclaim deed is a deed that conveys all of the interest that the grantor has to the grantee. Quitclaim warranties are less strong than those which come with warranty deeds.

    The answer to the question requires facts far beyond a 2 line post, because as long as an individual has testamentary capacity, they have every right to dispose of their property as they see fit. However, you need to see an attorney to look into the circumstances here because if there was any duress by the care giver, there may be a case for a recission of the deed.

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