Q: Is a codicil that allows someone to live in one's home still valid after the deed has been changed?
My father had a codicil drawn up about 23 years ago that would allow his lady friend to stay in his home until she died or moved. The house was deeded in his and my late mom's name. He died in 2012. About 7 years before then he added my one brother and me to the home deed. It has become a financial burden for us siblings due to home repairs, depreciating value, etc. Can the codicil be voided since only my dad's name was on the deed at that time. I don't think any of us considered the impact if she stayed in the house this long.
A:
It would be difficult for an attorney to answer without seeing the actual documents in question.
Very generally, a deed supercedes a will or codicil. That is because a will can only control what property someone dies owning in their own name. If person A makes a deed that leaves property to persons B&C, and has a separate document (say a will) giving the same property to person D, the deed should control. Now it gets complicated because people can be "added" to a deed in different ways -- in some instances the original owner's estate would own nothing, in other instances the estate may have a fractional interest in the property.
There are other laws that can affect these general principles, such as constructive trusts.
You are highly encouraged to seek competent legal advice.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
