Can a Will override a deed?

UPDATED: Oct 1, 2022

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Can a Will override a deed?

My grandmother passed away a year ago and my uncle was willed the house he lived in with her new Hampshire. The deed however had both my aunt and uncle. Prior to my grandmother passing she was in the process of changing the deed to be just my uncle and her, no aunt but my aunt did not sign prior to the passing. And is now holding the estate and house up in probate. Does my uncle have any chance of getting the whole house without buying her out?

Asked on December 26, 2017 under Estate Planning, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, a will does not override a deed. A person can only will what she owns. Your grandmother could not will your aunt's portion or share of (interest in) the house, since your grandmother did not own that--you aunt did, and could not be made to give it up agains her will. To get your aunt's share or interest, your uncles would have to buy her out; it is voluntary for her to turn over or give up  her interest in the home.

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