Does a deed transfer supersede a Will?

UPDATED: Oct 1, 2022

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Does a deed transfer supersede a Will?

My in-laws deeded their house to their first born son 6 years ago under on condition that the son can only sell the house only after my in-laws passed away. The attorney also drafted the transfer deed drafted their Will and stated that the son can sell the house after they died. The son died 4 years ago and the wife deeded the house to herself and now wants to sell the house.

Asked on March 26, 2018 under Estate Planning, South Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss.  Do you mean that the in-laws were given a life estate in the Property? That life estate should be binding on the son's estate and beneficairies (the wife).  I would strongly suggest that you take the documents to the attorney that drafted everything and have him or her explain things.  Good luck.

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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