Does a deed override a will in WV?
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Does a deed override a will in WV?
the deed to a piece of property was changed about 6 months ago. If my father who is currently very ill were to pass away, would the deed override the will and give ownership to my mother? is there a time frame from the time the deed was filed with court that has to be met?
Asked on April 30, 2019 under Estate Planning, West Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
A Will can only convey that which the testator (e.g. the maker of a Will) owns at the time of their death. Accordingly, if property was transferred by the deceased prior to their death, then the deed controls and not the Will.
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