Portland, OR asked in Estate Planning and Probate for Oregon

Q: Does a deed overshadow, a will?

I live in Oregon. My dad died and left a will, that gives his 4 children 50% of his home; and the other half to his wife. We are having to go to probate, due to his wife’s daughter wanting her mother to have 100% of the home. The deed was not changed to add the names, of my siblings and I. The deed was updated 18yrs ago, to include his wife. The will was done in 2017, and deed was never updated. Do most judges go by the deed or will, for probate (Oregon).

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1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN

A: Not sure of your question, but a Deed takes effect on execution, while a Will has no effect until it is Probated, if ever. If the Deed gave the real property to the survivor, then the wife owns at his death, and it does not go through an Estate or to his Heirs.

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