Which or controls, a deed or a Will?
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Which or controls, a deed or a Will?
If property has been left to someone in a Will but was deeded to someone else several years prior to the owner’s death, who gets the property?
Asked on October 20, 2018 under Real Estate Law, Idaho
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A Will can only convey that which the person who make the Will actually owns at the time of their death. Therefore, if property is mentioned in a Will but has already been transferred out of the owner's name, then the Will as no legal force or effect as to such property. The deed controls.
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