Houston, TX asked in Estate Planning and Real Estate Law for Texas

Q: My grandmother wants to gift me her house but in her written will, it goes 50/50 to my dad and uncle.

If she gifts me her home, will I still be the owner of the home even though her will states it goes to my dad and uncle?

2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: A lifetime gift trumps the will so, yes, you would be the legal owner. This assumes nobody succeeds in overturning the gift on the basis that she lacked legal capacity or was subjected to undue influence. Also, lifetime gifts can have negative implications for her so she should consult with an attorney about other alternatives that would achieve the same result but with fewer risks to her and possibly more certainty for you, too.

1 user found this answer helpful

Vincent Gallo
Vincent Gallo
Answered

A: If she gives you the house now, there will be no house for her to leave to anyone else in her will.

1 user found this answer helpful

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