Does a quitclaim deed supercede a will?

-My mother has a quitclaim deed on her house in my name. But she has a old will that split everything up between my siblings. Is the will still good? Should I get something else so my siblings do not contest the quitclaim deed?a quit claim deed is the lowest and weakest form of transfer. But it is a valid transfer.



Unless there is an open mortgage in her name that need to be paid off, the property will be yours IMHO outside of probate. A will deals with a dead person's assets. It's not her asset any more. It's yours. A warranty deed would have simplified this. SO would a deed of giftLets define terms:



A will, tells everyone exactly how you want your assets split up, after you are dead. Whatever is legally YOURS, the day you die, can be controlled by the will. Keep in mind, no one can INHERIT anything from the estate, until all the DEBTS of the estate are cleared.



If this house is titled to you, it's your house. It's up to you to get her name OFF the deed, once she turns that quitclaim over to you.



Now. MOST of the time a quitclaim deed is signed, it's because the legal ownership of the property isn't "clean" - there's a mortgage on it. If you're mother's name is on the mortgage, a quitclaim deed doesn't change the fact that SHE is still legally responsible for the payment to the mortgage company, on the house. If the mortgage and deed were ONLY in her name, she doesn't have the legal authority to "quitclaim" the deed over to you, until she legally owns the house, ie, until the mortgage is paid off.



So if this quitclaim is a way to get out of paying the mortgage, it's not going to work, and can be invalidated. If there's a mortgage with her name on it, no siblings can inherit ANYTHING, until the mortgage is paid off - even if the house is currently deeded ONLY to you.



You probably need to talk to an attorney, until/unless her name is COMPLETELY off the house ownership records, legally. Not just you having a quitclaim paper, but that the actually deed has been changed, to take her off of it.



Once her name is off the deed at the county recorder's office, it's not her property any more, and the will has nothing to say about it.



But if she dies within five years of that transfer, and she was on Medicaid - Medicaid can come take that house back, as reimbursement for her Medicaid benefits.
You are totally unclear what you mean by stating "she has a quitclaim deed on her house in your name." She either IS or IS NOT the owner of the house. If she is NOT, the will is meaningless because one cannot bequeath what one no longer owns. If the will no longer reflects her desires, then SHE should change her will.