North Carolina - My mother in law deeded my husband with all of her land. She has life estate. She also has a will giving that land to someone else once she passes. Can that happen when my husband has been deeded the land?
I am assuming that the deed has already been filed. If your mother-in-law filed a deed where she kept ownership of her land until her death (i.e., a life estate) but gave your husband ownership of the land when she passes, then will does not take away the land from your husband.
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Great question. Assuming the deed conferring upon your husband a remainder interest following your mother-in-law's death was executed and recorded prior to any will being admitted into probate, the deed controls over the will with respect to the real property that both instruments concern. The rest of the will, assuming it was properly executed, witnessed and admitted into probate, would remain legally valid and unaffected by the deed. I hope our answers on Avvo are useful and informative to you. Have a blessed 2019.
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