Q: My mother had quick claimed her home to my brother a year after she had written her will. It's been 6 years ago. If the
Home 50/50 but has since quick claimed it ,The quick claim over rides the will ,correct?
A:
If your mother transferred ownership of her home to your brother via a quitclaim deed, this transfer may supersede any provisions in her will that relate to the home.
However, the specifics of how the transfer affects the distribution of assets will depend on the laws of the state where the property is located, as well as the language of your mother's will and the quitclaim deed.
In some cases, a quitclaim deed may transfer ownership of the property immediately, meaning your brother would have full ownership of the home as soon as the deed was recorded. In other cases, the quitclaim deed may transfer ownership only after your mother's death, meaning the property would be subject to the terms of her will at the time of her death.
It's important to note that if your mother transferred the property to your brother as a gift, she may have needed to file a gift tax return with the IRS, depending on the value of the property and other factors.
If you have questions or concerns about how your mother's will and the quitclaim deed interact, it's a good idea to consult with an attorney who specializes in estate planning and property law.
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