Q: I was wondering if a quick claim deed is put in place does it trump a trust or a will?
A: The Quitclaim Deed rules the day. You cannot put a property in a trust unless you title it in the name of the trust, otherwise it is not a completed transfer to a trust. If you list the property in your will and there is already a Quitclaim Deed in place, again, the property has already been titled to the named person/s on the Deed and Will would have nothing to transfer to beneficiaries.
A: Unless the property was transferred to the trust (and the trustee is not the same person as the grantee) before the deed is executed, in which case the property would belong to the trust and the deed would have no effect. In the case of a will, I agree with Mr. Gunthert.
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