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

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. 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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    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies. In the event that you have follow up questions, please post them directly on this site. This does not create an attorney-client relationship and the attorney does not read unsolicited emails. Thank You.


  2. 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.


  3. 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.


  4. 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

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