Full question:
My husband's father died a year ago. There was a will made in 1999 stating that all his assets be split between him and all of his siblings, (5 sisters) his house was to be sold and split etc. After this, there was a quit claim done on the house to my father in law and my husband. It was filed in 2007 with the county. I have been told by several lawyers, that the quit claim came after the will, and therefore the will, as far as the house is null and void and my husband owns the house and can do with it what he wishes. My husband let his sisters pretty much empty the house of all things worth anything, week after week they filled their cars with all of the belongings (assets) His sisters are being very nasty and greedy, although my husbands best friend has offered $50,000.00 for the house, and we have accepted, they are threatening legal action against my husband because they want $10,000.00 more for the house. It is not worth it. His friend has picked up all the recent expenses, and is paying for all the title changes and lawyer fees etc. My question is, do the sisters have a legal leg to stand on with their threats, or is it true my husband owns the house and can do as he wishes. He still intends to offer them an equal share of the money from the sale of the home, but does he have to?
- Category: Wills and Estates
- Subcategory: Will Contests
- Date:
- State: Michigan
Answer:
The legal situation depends on the details of the will and the quit claim deed. A quit claim deed transfers ownership of property and can nullify a will's provisions regarding that property. If the quit claim deed was executed after the will, it may mean that the house is no longer part of the estate and your husband is the sole owner.
When a specific gift in a will is no longer owned by the deceased at the time of death, it is considered 'adeemed' and does not pass to the beneficiaries. Since the quit claim deed transferred the house to your husband, the will's instructions about the house may no longer apply.
Your husband's sisters may not have a strong legal claim to the house, especially if he intends to sell it and share the proceeds with them. However, their threats may still cause stress. Legally, he is not obligated to give them anything beyond what he chooses to offer. If he decides to share the sale proceeds, it would be a gesture of goodwill rather than a legal requirement.
For specific legal advice, it’s best to consult with a qualified attorney who can review all relevant documents.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.