Legal Question in Wills and Trusts in Ohio

rpobate will and quitclaim deeds

my parents will was probated upon their death to six children. since then one of the siblings has found a notorized quitclaim deed done prior to their death that would negate the will. Is this legal?


Asked on 5/02/08, 12:09 pm

2 Answers from Attorneys

Robert Rosplock Rosplock & Perez

Re: rpobate will and quitclaim deeds

If your parents retained the deed, it may be an indication that they chose not to make the transfer. Deliver is one of the requisites of a transfer by deed. Where the deed was when your brother found it is a significant issue. If your parents held onto it, the deed is not effective.

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Answered on 5/02/08, 12:34 pm
Robert Rosplock Rosplock & Perez

Re: rpobate will and quitclaim deeds

If your parents retained the deed, it may be an indication that they chose not to make the transfer. Deliver is one of the requisites of a transfer by deed. Where the deed was when your brother found it is a significant issue. If your parents held onto it, the deed is not effective.

Read more
Answered on 5/02/08, 12:34 pm


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