Which or controls, a deed or a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Which or controls, a deed or a Will?
If property has been left to someone in a Will but was deeded to someone else several years prior to the owner’s death, who gets the property?
Asked on October 20, 2018 under Real Estate Law, Idaho
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A Will can only convey that which the person who make the Will actually owns at the time of their death. Therefore, if property is mentioned in a Will but has already been transferred out of the owner's name, then the Will as no legal force or effect as to such property. The deed controls.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.