Does a Will override a warranty deed with rights of suvivorship?

UPDATED: Jan 5, 2012

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Does a Will override a warranty deed with rights of suvivorship?

Husband passed away; he and his wife were divorced. The deed: Grantee = husband, spouse, equal or to survivor. The Will: = All property owned by me at my death is hereby devised to my daughter, who is also named the Personal Representive. Is ex-spouse entitled to 50% of the property, 100% or nothing? In a community property state.

Asked on January 5, 2012 under Real Estate Law, Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A Will speaks upon the death of the person who made it. However, if the deed to the property that you are writing about is a joint tenancy deed, the surviving person takes legal title to the property regardless of what the Will of the person who passed away states.

If the deed that you are writing about is not a joint tenancy deed, then the Will of the person who passes away would control over the distribution of the real property that you write about.

If the assets are community property being given away by the maker of the Will, only one half of the assets are allowed to be given away. The other one half would be retained by the surviving spouse.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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