Does a will supersede all other documents?

Question

The deed on our house is made out to my husband and his deceased former spouse. We each have a will which leaves everything to each other. If he dies before I do, will the house be mine?

Answer 1

Usually, that is the purpose of a will. It spells out directly the exact wishes of the deceased. However, wills can and have been disputed, so if you want to make extra sure you retain your claim, I would look into getting the deed transferred from his former spouse's name to yours, or his alone.

Answer 2

No, a will does not supersede all other documents. A will is simply a document that lays out the decreased's wishes re: the distribution of property upon one's death. There are issues of joint tenancy with the right of survivorship here that must be discussed with an attorney. You need to consult an attorney in your area on the will and deed issue.

Answer 3

That depends on the laws of the state you live in. Best be safe and get that deed changed over so her name is off and your name is added. A will does NOT supersede all other documents. For example, a will has no effect on life insurance policies, so let's say he was divorced and his ex-wife was named as the beneficiary -- she still gets the money even if his will says you get everything. In some states, the will has no effect on property deeds, which is why I suggest you get that deed changed over (and while you're at it, go through all your accounts and holdings and make sure you're both named as each other's beneficiaries).

Answer 4

First, I need to know how the deed was written. Second, I need to know if your state is a community property state or not. If the deed was a joint tenancy or community property, then the house becomes your husbands by right of survivorship. He should make a new deed and record it with an Affidavit of Death of Joint Tenant. That will put the house in his name alone. Then, when he dies, the house becomes part of his estate and will be distributed according to the terms of his will or trust.
The only way the house can be yours is if he makes a new deed putting you on title with him. That gives you a gift that the IRS will be interested in knowing about. The other way is for him to direct the distribution of the house to you in his estate documents, assuming his children don't object and contest the provisions in court.
If he does not have any estate papers, then the house will pass by laws of intestacy which usually means that 1/3 of the estate goes to the wife and 2/3 goes to the children. If there is only one child, then it is 50/50 between the wife and child.
A lot of this varies by the state your in because they all have slightly different rules for probate settlement.
You need to talk to an estate attorney in your state for details.

Answer 5

You should tell your clients that they will be given a 24 hour notice in the future whenever you have a prospective buyer that wants to see the home. Then they are required to let you into the premises. If they do not honor your new arrangement, go to or call the courthouse and ask for advice or assistance. Also, let your tenants know that if the house sells, their lease must and will be legally honored until lease end. This might make them feel alittle better about the situation.

Answer 6

No. You can not will property that you do not have full ownership of. So a will does not trump a deed for a house. The deed will specify if the house is owned with right of survivorship to each of two or more owners. For example a house owned by a husband and wife with right of survivorship goes in full to the surviving spouse regardless of what is said about the house in a will.

Answer 7

It depends on the other document.

Some types of shared ownership take priority over a will, some do not. For example, property held in "joint tenancy" or as "tenants in the entirety" normally carries what's called "rights of surviorship", which means upon the death of one person, ownership in the property automatically goes to the joint tenant, regardless of what the will says. But other forms of shared ownership ("tenants in common", "marital community property") are still subject to the will.

Same kind of process for things like designated life insurance beneficiaries, which take outside the will as a matter of contract, rather than through the will.

In your particular case, you should have an attorney (licensed in the state where the house is located) review the documents to make sure they do what you want them to. It's worth the money to avoid having to spend up to ten times that amount later if the documents don't do what you think they do.

Answer 8

When my husband died, I had to take his name off of the title, before I could get receive a deed w/ my name only (as I am doing a revocable livingtrust/will). I can take deed as I paid my house off. I know one thing, you must get both of your names on the title, and take the former spouses name off. The new title will then have you and your current spouses name on it. If you don't remove her name, you might have a cloud on the tilte. Also, if her name is not removed, her offspring or family members can fight in court for the house. You must do this asap, because if something should happened to him, you would be the sole bebenificiary, and when house is paid off, you will have the deed w/ your name.

Answer 9

A living trust supersedes a will. So I would have him give you a living trust while he is alive.

Answer 10

State laws vary. Without knowing the state where you are located; the exact language on the deed and several other details, no one here can give you a definitive answer. Call a local attorney.