Legal Question in Wills and Trusts in Washington

quick claim deed

86yr old parent - daughter had her sign a quick claum deed to half her residence in 2001. 2006 requested it be given back throgh another quick claim process. Daughter will not give it back to her. What legally can she do???


Asked on 5/28/06, 10:50 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: quick claim deed

First of all, it is a "QUIT CLAIM" not a quick claim. It transfers interest in real property from one party to another. I seriously doubt that it can be used to transfer one half of an interest (interesting question, though).

Has the 86 yr. old made a will since 2001? If not, and if the 86 yr. old is still competent to make a will, then the 86 yr. old should make a will now.

The will should recite the revocation of the 2001 quit claim. The will should be filed with the county clerk's office (ask the clerk how to do this). Also, remember that adult children squabbling about their parent's estates BEFORE the person has died can result in a will contest. In order to survive a contest, the will has to be adequately drafted and the formalities must be strictly observed.

The fact that you are not the parent and are asking this question on the internet suggests that you have a stake in the outcome.

But you don't, yet.

If the 86 yr. old wants to write or re write their estate plan, you could facilitate getting a lawyer to that person or getting the 86 yr old to a lawyer. What happens between the lawyer and the 86 yr. old is none of your business unless and until the 86 yr. old chooses to share that information with you.

Hope this helps.

Powell

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Answered on 5/29/06, 11:43 am


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