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

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?

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Attorney answers 3

Posted

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 establish an attorney-client relationship.

Asker

Posted

Is there anything we can do because they did not contact my mother prior to the reading? Sorry, this is a long, not nice situation that has gotten worse over the years. We just really know nothing about our rights. Thanks

Robert John Murillo

Robert John Murillo

Posted

If she is joint tenant, there is nothing you can do that will accomplish much. Now, and as usual, facts are everything and you should speak with an attorney as a few sentences online is not a substitute for advice. Good luck.

Posted

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 informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

Posted

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.

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