A person owned two real properties, one willed to his daughter and one willed to his new wife. Both were deeded in his name only. Less than a week before his death, the property intended for the daughter was re-titled in his name and the new wife's name as tenants in common. Does this preclude the daughter from inheriting the property?
Yes, the deed overrides the Will. However, since it was titled 'tenants in common
rather than" tenants by the entirety" only half of the property belongs to the surviving spouse and the other half (Dad's half) becomes a probate asset and may be titled in daughter's name. This is not for certain because Tennessee law my have different provisions. Please consult an estate attorney for advice and assistance.
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