Does a deed overrule a Will?

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Does a deed overrule a Will?

If a deed was done years ago and then a will is done recently that isn’t the same as the deed.

Asked on September 25, 2018 under Estate Planning, North Dakota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A Will can only transfer that which the testator (i.e. the person making the Will) owns at the time of their death. Therefore, if property is mentioned in the Will but has already been transferred, then the Will as no force and effect as to such property. 


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