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re: does a deed supersede a will
12-09-2008 2:18 PM
Joined on 08-24-2000
"does this override the will ...."
Unless someone can prove she wasn't legally competent to make it at the time (or it's otherwise defective in some way), yes.
You don't say why-how your mom was misled, but a quit claim is a pretty clear document in terms of transferring one's ownership interest to another, and clearly your mom retained a life estate interest in the place -- and that requires forethought.
Folks mention stuff in their wills on a regular basis that winds up being sold or transferred or spent before they actually die; while a will may contemplate still having X-Y-Z asset at time of death, that doesn't mean it actually *will* happen (or that estate debt won't eat up the value of that asset, with the wishes of the deceased as of the time the will was made winding up being a moot point).