Will a quit claim deed executed 10 years ago affect a wife's ability to get home after husband dies per his will

had to sign a Quit Claim Deed. Now 10 yrs later I am concerned if my husband dies and has a will stating all property is to go to me,,will the quit claim deed negate the will?
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Answers (2)

Thuong-Tri Nguyen

Thuong-Tri Nguyen

Contributor Level 9
You and your husband should review the facts and options with your attorneys.

If the husband's will is unchallenged and accepted by the court, the intent of the husband should be dispositive. Generally, after all the valid and timely asserted claims against the decedent's estate have been paid, the remaining assets of the estate should be disposed as provided in the decedent's valid will (unless the decedent's will contains provisions that are unlawful).

Since the signing of the quit claim deed, community property likely has been used for expenses of the real property (such as property taxes and repair). If so, some of real property may be community property.

If you and your husband have a community property agreement or some other agreement regarding the division of the assets, you should review that agreement to see what you agreed to do.

"had to sign a Quit Claim Deed" may be a reason that the property is not the husband's separate property.

Your situation may be much more complicated. You should review the facts with your attorney.
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John Donald Sullivan

John Donald Sullivan

Contributor Level 5
If your husband executed a quitclaim deed to someone else, then he no longer owns the property. He can't devise by will something he doesn't own.

You definitely should consult an attorney about your specific situation.

PLEASE BE ADVISED: This answer and any information contained herein is not intended to be treated, and should not be construed, as legal advice. Rather, this answer is offered solely for general information purposes. This answer does not create an attorney-client relationship, nor does it create any kind of legal relationship, duty, or privilege. This attorney is licensed only in Washington.
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