Legal Question in Wills and Trusts in Connecticut
quit claim deed/life estate
A grandmother and grandfather quit claim deed their land to their living daughter. The daughter then signs a quit claim deed as tenants in common with her brother. The brother dies within a few months, and so does the grandmother. The grandfather reserves a life interest in the property and is currently living at the property. The grandfather then decides to update his will so that his estate might not transfer to parties or heirs not intented to recieve his estate. Does the quit claim deed trump his will? Will all of the land be divided between the tenants in common or to thier heirs if they shall pass? On the origional Quit claim deed given solely to one child, the grantors reserves a testimentary power of appointment of the property. What does this mean and is it still vaild if a new quit claim deed was done among the siblings? What rights does the grandfather have with his estate? Also, what happens if the grandfather dies and one of the tenants wants to keep the estate. Can the other tenant sell their share?
1 Answer from Attorneys
Re: quit claim deed/life estate
He already transferred the land by deed but this testamentary reservation sounds like it will screw everything up. Get a copy of the deed in front of a lawyer for review. Without seeing the actual document, it is next to impossible to give a good answer.
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