Does a deed or a Will control?
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Does a deed or a Will control?
My uncle just passed away and he put a sister of mine on his deed. He had a Will and my sister won’t give me a copy of anything. She told me she owns the house now and the Will doesn’t mean anything b ut told me that it’s going to be in probate court now for anything else he owned.Is she hiding things from me? And my name used to be on the deed and was taken off without me signing any papers.
Asked on October 1, 2012 under Estate Planning, Rhode Island
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this country a Will "speaks" at the passing of the person who signed the document. If the deed to the property having your name on it was recorded with the county recorder's office then even if your name was taken off the deed without your signature being on the document removing your name, you still own the property. I suggest that you consult with a Wills and trust attorney about your matter.
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