Legal Question in Wills and Trusts in Minnesota
life estate + will, Revoked by new Will?
When an individual transfers property via a quick claim deed with retention with a life estate and also creates a will upon death does the will supercede the quick claim deed of the life estate? 2nd Part, Prior to death can the individual revoke the life estate by creation of a new will? I am confused as the owner via the quick claim deed retention with a life estate must provide the register of deeds with a death certificate upon death of the original property owner. HELP [email protected]
1 Answer from Attorneys
Re: life estate + will, Revoked by new Will?
A deed transfers ownership. No will can change that. The only way to change it would be for the person who received the deed to sign another deed transferring whatever interest it was back to the original owner.
So the answer to part one and part two of your question is NO and NO.
The person who received the interest under the need will need to do a document called an Affidavit of Survivorship in order to complete the transfer after the death of the Transferor. A death certificate would probably be an exhibit attached to that affidavit.
It is a big mistake to be dealing with any of this without going face to face with a lawyer. Deeds and wills too are very easy to mess up; or if they were right at the time, the situation can get really strange if things are not reviewed and brought up to date to take into account circumstances that may have changed.
Just look at my personal note at the lower part of the opening page at http://www.kelly-law.com.
I would be glad to discuss this with you. Call my office Monday.
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