Legal Question in Wills and Trusts in California
quitclaim vs. Will
My Father wrote his own will in 2000. He named me executor. I have one brother and one sister. According to paralegal it looks like a legitimate will.
He recently passed away. After his death I was shocked to read he wanted to leave me the entire house.
As it turns out my father did a quitclaim deed Nov. 2004. It list my fathers name and my sisters. We are still waiting for answers as we are finding out this all takes time.
2 Answers from Attorneys
Re: quitclaim vs. Will
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Re: quitclaim vs. Will
If a property is no longer owned by a person on his/her death, any specific devise of that property in his/her will is "adeemed" or lapses. If properly executed, a quitclaim deed is valid, and if properly recorded, it serves as constructive notice to third parties of the transfer. Please call or email to discuss how I may help further.