Legal Question in Elder Law in Florida

My mother has signed a quitclaim deed to her house to me with her having lifetime estate. My brother states that her will says to divide the proceeds of her home between all her children. The quitclaim deed was made after her will.

Asked on 8/31/13, 2:53 pm

2 Answers from Attorneys

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The deed will prevail over the will.

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Answered on 8/31/13, 5:36 pm
Dean Bress Bress Law Firm
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On the face of it, as Mr. Coenson says, the deed trumps the Will. Yet, I would want to know what was the reason for the deed? Do you live in the house? Are you her caregiver? How old is your mother? Does your mother have some expectation that you will sell the house and divide the proceeds with your sublings? The answers to these questions could shed a darker light on the situation.

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Answered on 9/02/13, 10:14 pm

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