I was told by another attorney. "One could not bequeath (give) something in a 2003 Will that he already gave away in 2002(ex: Life Estate Deed). One cannot give what one no longer has. The answer in this situation would depend on what one intended to give in their 2003 Will and what the 2002 deed said."
As stated earlier my Mother has Alzheimer's, she has recorded a life estate deed,She has a life time right then it goes to brother #2. Now the other brother(#1)has had her to sign a hand written will and got her to get it notarize? Does the life estate deed override the will? My Mom wants the Life Estate Deed to be permanent but she is scared of brother #1.. Just trying to make sure things are in order for I am POA.
A will has no real legal value until the its maker passes away. Then it is used to distribute the maker's property. For example, assume your mother leaves her car to you in her will. But before she passes, she sells the car. She no longer owns the car, so you cannot get the car when she passes.
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