What takes precedence – a Will or a deed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What takes precedence – a Will or a deed?
My mother has recently passed away. She had a Will and in it she was specific about how she wanted her house divided and sold among her 4 children. My mother, years prior, had her house put in my brother’s name but never told him that he owned the house. Since her passing there has been nothing but arguing and disagreements to what legal rights we 3 sisters have. My brother said we have none because his name was on the deed. However, mom’s Will was specific about her wishes that the house would be let to her 4 children. My brother was executor on the Will and 3 of us sisters are beneficiaries.
Asked on May 1, 2014 under Estate Planning, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
In the case you describe the deed: a will only distributes the property that belonging to the testator (person making the will) at the time of his/her death, but does not distribute or change ownership of property previously given or sold to anyone, and also does not prevent the testator from doing as he/she wishes with property while alive. So if the house were deeded to your brother while still alive, it will be his.
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 AttorneyPages.com 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.