My mother in law just died. About 4 months ago she made out a quitclaim deed granting right of survivorship to 2 of her children. Back in the 1980s she had made a will saying all property left would be divided equally between all of her children. What is the status of the property listed in the quitclaim deed?

Generally deeds with joint tenancy with right of survivorship mean that when one person dies that person's interest in the property immediately disappears. Therefore, probate/will does not control the disposition of the property. Your question may be something else like: Was the deed done properly? Under undue influence? Capacity issues, etc..

Quote:

---

Originally Posted by Littlesissy

My mother in law just died. About 4 months ago she made out a quitclaim deed granting right of survivorship to 2 of her children. Back in the 1980s she had made a will saying all property left would be divided equally between all of her children. What is the status of the property listed in the quitclaim deed?

---

If the deed says the survivors will inherit upon her death the property is not held in her estate - it's gone directly to the survivors - so the "all property" clause does not refer to this property (which is no longer in her estate, having been removed by the quit claim).

You cannot take by Will what is not owned by the Testator (person who signed the Will).

Yes, if there was a deed done and it was recorded at the court house, then as each member dies, the other ones are the owners, this property does not go into probate, So in this case the two listed people on the deed are now the owners, And the other family have no claim to the property. Only the other items, personal property in the house, funiture, money in the bank, car and so on would be divided.