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Question

I recently had my 81 year old Father Quit Claim his house to me for the very reason of obtaining Insurance on the property. The House is also involved with an estate. Should we change the Will to reflect this now ?? Thoughts??? My Fathers credit was bad and I argued with the Underwriter about this anyway??? By the way I have spent 7 months buried in this House repairing it. 75 years old!!!!!

Submitted: 46 days and 6 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: Florida

Posted by JB Umphrey 46 days and 6 hours ago.

Info Request

Thank you for using JustAnswer!

 

Does your father have any other children who could have inherited the house?

46 days and 6 hours ago.

Reply

Yes, we have 3 other Children. I am the only one he trusts though and has any motivation to do anything. Just being truthfull??

Posted by JB Umphrey 46 days and 6 hours ago.

Info Request

And does your father have any type of memory/mental condition or did he quit claim the house of his own free will?

46 days and 6 hours ago.

Reply

Yes, Quit Claim Deed was witnessed and Notorized. He is still coherent. He is in a Nursing Home and we are Caring for him also. The House is being rented to supplement the $6000.00 Nursing home Fee!!!!!!

Posted by JB Umphrey 46 days and 6 hours ago.

Info Request

Thank you. When was the last time your father reviewed his will?

46 days and 6 hours ago.

Reply

5 years ago. My Mother passed away 6 months ago. My Sister has all her children on the Will and I do not think that is fair either??? I understand the Will issues???

Accepted Answer

As a general matter, it is important for a person to review their will every year or two and make any changes as necessary. Why? Because things change. For example, property gets transferred, beneficiaries die, folks have arguments, etc.

 

So, while your father is still of sound mind, it would be prudent for him to review and update his will.

 

Now, that being said, what happens about the house if he doesn't update his will? Nothing. Things will stay as they are. A will only authorizes the transfer of assets that the person owns AT THE TIME OF THEIR DEATH. If your father no longer owns the home, then he doesn't own it at the time of his death, and, thus, his will is meaningless on that issue. The quit claim deed wins.

 

Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!

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Expert: JB Umphrey
Pos. Feedback: 97.7 %
Accepts: 
Answered: 10/8/2009

Attorney

Michigan lawyer who explains basic criminal, consumer, and contract-related matters.

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