My mother made a will in 2006 for her home to be sold and divide among 3 children. She then made a quitclaim deed to one child in 2011 leaving the home to that child. If that child sells the home does he have to divide the sale of the house.
He has paid bills(taxes, ins., repairs on the home for 9 years) and is deducting those expenses, which is fair.
Only one sibling is protesting.
A Lady Bird Deed (enhanced life estate deed) is a method of transferring ownership of real estate to someone outside of probate. Therefore, the Will has no effect on the disposition of the property.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
The deed overrules the will. The sibling who was the grantee in that deed is the owner of the property and is not legally required to give any portion of the proceeds to his siblings. Note that I say "legally". Obviously there are other considerations. To preserve family relations, after a fair accounting for expenses for repairs and other matters - and also for the rental value accruing to the grantee if he lived in the property - the grantee might want to share sale proceeds.
This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
The deed would take priority over the will with regard to the disposition of the property when your mother passes. If she executed a lady bird deed, then she has the right to live in the property for the remainder of her life. After she passes, then the property would go to the son automatically. The will would have no effect if the property was transferred properly by deed.
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