If you are deeded property that has been left to anotherin a Will, who owns it?

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If you are deeded property that has been left to anotherin a Will, who owns it?

Asked on August 26, 2011 California

Answers:

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

Answered 10 years ago | Contributor

Once you were deeded the property (i.e. you name was placed on the title) you became the legal ower. The fact is that a Will can only cover assets that are in the estate as of the date of the deceased's passing. Accordingly, since the property was previously deeded to you it never became an asset of the estate. What should have happened here for purposes of clarity, is that once title to the property in question was transferred, the Will should have been updated to reflect this. 


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