Legal Question in Wills and Trusts in California

quitclaim vs. Will

My Father wrote his own will in 2000. He named me executor. I have one brother and one sister. According to paralegal it looks like a legitimate will.

He recently passed away. After his death I was shocked to read he wanted to leave me the entire house.

As it turns out my father did a quitclaim deed Nov. 2004. It list my fathers name and my sisters. We are still waiting for answers as we are finding out this all takes time.


Asked on 1/29/06, 4:43 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: quitclaim vs. Will

If you have a specific question(s) or need legal assistance in this matter, contact our Law Office directly for a free phone consultation.

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Answered on 1/30/06, 7:42 am
Zachary R. U. Rayo The Preble Law Firm

Re: quitclaim vs. Will

If a property is no longer owned by a person on his/her death, any specific devise of that property in his/her will is "adeemed" or lapses. If properly executed, a quitclaim deed is valid, and if properly recorded, it serves as constructive notice to third parties of the transfer. Please call or email to discuss how I may help further.

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Answered on 2/01/06, 11:30 pm


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