Hello my question is, does a last will and testament stateing sole property goes to 1 individual that's currently on a deed, override a deed that has both the individual, that property was willed to, and a second, that the will states to be removed from deed? The deed has 2 brothers on it, and the mother put as her last will and testament to have the other brother removed from said deed. So the question is does the deed supersede the will or does the will override the deed? Thank you in advance
Mr. Padove is correct. Generally, the deed controls. If you need assistance, contact a probate attorney in your area.
This answer does not form an attorney-client relationship, and is not legal advice. Only an attorney that has agreed to represent you may give you advice specific to your situation.
Once your mother conveyed the property, the property was no longer hers, so that will provision is not enforceable based on the information provided.
Mr. Padove is licensed to practice law in Illinois and Indiana and is located in Highland, Indiana serving the Chicagoland area to Indianapolis. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.
The deed rules.
Who wrote that will? A will can't "remove" people from a deed.
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