Can a quitclaim deed be revoked after death? - AgingCare.com

Can a quitclaim deed be revoked after death?

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My mother signed a quitclaim deed over to my father releasing any interest in the property forever. My father just passed away and left no will or estate, I had a POA while he was alive to handle all his affairs. My mother is now making it difficult for me to try to distribute his property fairly among my sibling the way my father wanted it. Can the quitclaim deed be revoked to her benefit?

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I think this really is a question for a real estate attorney in your state, but I don't see how a QCD could be revoked or rescinded. If your father were alive, he could quit claim back to your mother. Or, depending on the scope of his POA, you might be able to quit claim on his behalf back to her.

But if she wanted to rescind the effect of the QCD, I think she might have to sue based on very good grounds, such as having been forced, threatened, or not in a clear state of mind. Still, that would be a big "IF" and a big gamble which probably would result in the suit being dismissed by a judge for lack of a cause of action. And since your father's dead, she'd have to sue his estate.

I'm confused though. You write that he has no estate, but that your mother is making it difficult to distribute his property. Other than the house, what property would be involved?
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freqflyer, Thank you for your sympathy.
Katiekate, you are heartless. It's obvious I can't use the POA for my father now.

However, my question was can a quickclaim be revoked?
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Good timing, this Article about death and taxes just showed up.

https://www.agingcare.com/articles/death-tax-effect-170588.htm

Scroll down the whole page, even if you see an advertisement after a paragraph, there will be more to read.
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PS ... Letting probate get involved with you family is a bad idea too.
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That is interesting. Without a will..there is no way you can prove the statement "distribute his property ...the way my father wanted it".

The POA ends upon death. You are nothing. You cannot be POA for a dead person. Without a will..there is no executor. This whole thing must go to probate court. The court will assign an executor (who will take a chunk of the estate as the legal fees) and executor will distribute according to state law (after taking his fee and the court takes theirs).

Leaving no will is a BAD IDEA.
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My heartfelt sympathy to you and your family.

You would need to set up an appointment with the County Probate office, and it would be up to the Probate office to decide how to distribute your Dad's property according to the State laws, since your Dad left no Will. Do NOT distribute anything at this point in time.
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