If property is left in a will, and the current wife is on the deed, does that trump the will?

Asked almost 2 years ago - Colorado Springs, CO

My grandfather got remarried 15 years ago. Needless to say long story short his new family and his old did not mesh. My grandfather passed about a week ago. They read the will, but did not contact my mother. We found out from my cousin. My grandfather left all property to my mom, my aunt, and his second wife. She states he put her name on the deed a few years ago, and that since her name is on the deed it trumps the will. Is this correct?

Attorney answers (3)

  1. Robert John Murillo

    Contributor Level 20

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    Answered . If the wife is a joint tenant with right of survivorship, yes it will trump the will. Property under joint tenancy is not part of the decedent's estate.

    This answer is for informational purposes only and is not legal advice regarding your question and does not... more
  2. Steven M Zelinger

    Pro

    Contributor Level 20

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    Answered . If the will is joint tenants with right of survivorship (as opposed to tenants in common) that controls over the Will.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  3. Michael A Kirtland

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . It depends on whether the name is on the deed as a joint tenant, or as tenants in common. Tenants in common hold a specific percentage interest in the house. Joint tenants assume total ownership upon the death of the other joint tenant.

Related Topics

Deed to property

A deed is a written document describing a piece of real estate and documenting the transfer of ownership from one person (the grantor) to another (grantee).

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