Satellite Beach, FL asked in Real Estate Law for Florida

Q: If a house was put in a will and a person quitclaimed that house, does that change the will?

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1 Lawyer Answer

Jennifer Isaksen

Answered
  • Bushnell, FL
  • Licensed in Florida

A: Any items listed in a Will have to be existing/owned by the person that passed in order to be transferred by the Will. If a person leaves a house in their Will and then sells the house to someone else before they die, the Will has no effect. There could be recourse if there was some wrongdoing or advantage taken in obtaining the quitclaim deed you refer to, but outside of some extraordinary circumstances, a person is free to do what they want with their property, even if it is listed in their Will.

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