Q: Can a quit claim deed be vacated as a part of "elective share" if the property was conveyed to the wife and two sons?
The deed was done prior to death of the husband. It is not mentioned in the will. The ownership of the 3 parties is as tenants in common with the wife allowed to reside there until natural death. The wife is also responsible for taxes, upkeep, and insurance until death. If she sells she must offer to sons first. I also need to know if the wife can refuse the sons access to the property/residence. Scott County, TN is the place of residence.
A: Not sure what you are asking, but a Deed takes effect when executed. If there is a Probated Will, it can only affect what is in the Estate, not land that was already conveyed out of the Testator. And because of the latter, a spouse can always take an Elective Share from a Testate Estate, but if the land is not in the Estate the spouse gets nothing out of the land previously conveyed out. It appears that the Wife has a Life Estate, but she cannot sell the land per se, only for the period she lives. The Life Tenant is probably entitled to exclusive possession from the Remaindermen. Sometimes the Remainderman can sue the Life Tenant for waste or enjoin some destructive activity in Chancery.
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