Does a will override a deed?

Answer 1

Depends on how your name is recorded on the deed. Some forms of ownership cannot be willed to another person as ownership passes automatically to the surviving people named on the deed, without regard to what is in your will.

A deed represents real property that you own, as well as in what manner you own that property. A will represents your wishes and instructions on how best to settle your estate.

So, your confusion is over which takes priority since sometimes inheritance is specified in the deed and other times it must be in the will. The answer lies in the details of the deed. If you are able to will your interest in the deed then the will takes priority. However, if you are not able to will your interest in the deed then there is nothing you can do in the will regarding that property.

It is best to consult an estate attorney if you want the best answer for your particular case.

Answer 2

With limited information - if you are the legal holder of the Deed - someone who has no legal interest in the property cannot give it away to someone else in a Will. Depends on the type of Deed you have, i.e. a Quitclaim, etc. Also, the decedent could pass property along in a life estate. This is NOT to be construed as accurate legal information. You need to have both documents reviewed by a real estate attorney, preferably one with a connection to a Title company.

Answer 3

This question is too vague for a good answer. If it matters to your, it sounds like you need to contact an attorney, not Yahoo Answers.

But here's my guess at what you mean: "If a person has property X, their will bequeaths it to person A, but before dying they sell it to person B and execute a deed to that effect, when the will is probated, who gets property X, person A or person B?"

With the caveat that I am not a lawyer, I THINK that a person can only bequeath property that they own at the time of their death. If they sell it to someone, then the section of the will that leaves it to person A becomes inoperative. It would be wise to revise the will at that point but not everyone will.

I bet that this is actually a fairly common question and most attorneys could probably tell you the answer for your case in minutes, possibly without even charging you any money.

Answer 4

They're two different documents. A will is a legal declaration of a person's wishes regarding the disposal of his or her property or estate after death; especially : a written instrument legally executed by which a person makes disposition of his or her estate to take effect after death. A deed constitutes the evidence of a person's legal ownership. A person cannot will what they do not own.

Answer 5

a DEED REPRESENTS OWNERSHIP. WHEREAS A WILL IS THE LAST REQUEST OF A DYING PERSON. IN ORDER TO WILL YOU SOMETHING UNDER A DEED. THE PERSON MUST BE THE OWNER ON THE DEED. YOU CAN'T GIVE AWAY SOMETHING YOU DON'T OWN, WILL OR NOT.

Answer 6

Well a will is your wishes of your estate after you die, and a deed is a document that shows ownership of something,

Answer 7

yes

Answer 8

no