Legal Question in Wills and Trusts in New York
Quitclaim deed with will vs Revised will
In 1999 my grandpa went to his lawyer and wrote a will and made my mom power of attourny and signed a quitclaim deed to leave his house to his four children. In 2000, he changed his mind and wrote out a new will and decided to leave the house to my just my mom instead. This is what he wanted to do as he was of sound mind. We have lived with him and she was the sole caretaker of him for the last 4.5 years until his death last week. Does the new will he revised in 2000 hold up or does the old will in 1999 hold up with the quitclaim deed? It is my mother that he wanted to have the house as his other kids never came to see him or had anything much to do with him and she took care of him like gold.
2 Answers from Attorneys
Re: Quitclaim deed with will vs Revised will
If the 1999 quit claim deed was signed and delivered then he no longer owned the home. In that case he couldn't give the home to your mom.
Re: Quitclaim deed with will vs Revised will
Unless your grandfather did not knowingly and voluntarily transfer the house to his four children, then the house belongs to the four children.
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