Q: Does a deed upon death created in 2016 supersede a will created in 2012?
Deed upon death leaves property to myself and my sister as JT. Will leaves property to my sister only unless she sells it, at which time the proceeds go to the 5 heirs as stated in the will. I am the financial guardian for his estate. My father passed away, last month, my mother in 2014. We plan to sell the property. Which document is valid? Who owns the property?
A:
Firstly, sorry for your loss.
The Deed Upon Death prevails over the Will, so once you and your sister sign and file the appropriate Affidavit with the Recorder, the property will be transferred to you and her as Joint Tenants.
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