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

UPDATED: Dec 28, 2011

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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


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

Answered 11 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. 

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