Legal Question in Wills and Trusts in Florida

Does a Quit Claim Deed overide a Will?

If a person does a Quit Claim Deed transferring his property to his children, then makes a Will, which of the

two documents will be upheld?

The estate referred to in the Will is the property this

person has already given to his children by means of the

Quit Claim Deed. There is no other estate.

The Quit Claim Deed has been witnessed, notarized & recorded with the Clerk of Court. This was done 2 mo. prior

to the Will having been done. How can the Will be of any

good when the estate has already been given away?


Asked on 4/06/06, 12:05 pm

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: Does a Quit Claim Deed overide a Will?

You can't will away what you don't own. The will has no effect over property which was deeded away years ago.

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Answered on 4/06/06, 4:58 pm


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