Does a surviviorship deed on a house override the terms of a Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does a surviviorship deed on a house override the terms of a Will?

My father and his 4 sisters are to be left my grandmother’s house per her Will but my Aunt is executor and we think that she had grandma sign a survivorship deed as grandma is almost blind and cannot read. Is it possible to take it to probate court if the Will and deed contradict each other and does my father have the right to a copy of the Will?

Asked on December 28, 2011 under Estate Planning, Ohio

Answers:

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

Answered 9 years ago | Contributor

Okay so I am assuming that grandma is still alive and well, correct?  Then your Aunt is not the executor until she passes.  And what really appears to be happening is that your Aunt is unduly influencing your Grandmother and taking advantage of her status in some way here.  So your Father needs to take control of the situation and either apply to be the conservator or guardian of your Grandmother and her estate.   If the property is not a part of your Grandmother's estate when she passes then it can not be transferred by the Will.  If there is a deed that has it pass upon her death to your Aunt then it is not a part of the Will.  And then your Father will have to go to court to have the deed set aside which is not easy.  And Grandma will not be here to testify that she thought the deed was a different document when she executed it.  Get legal help now.  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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption