Q: Does a deed to a house override a will?
If a house is transfer from my father to my father and sibling as joint tenants with rights of survivorship, does a will giving the house to myself and my other siblings become void? Even if done at the same time or after the deed? Does she automatically get the house no matter what the will says upon his death?
A Will, once admitted to probate, and surviving any challenges to validity, distributes assets, and pays debts, existing as of the date of death.
If, prior to death, the testator transfers property to others, then that transfer, assuming it is not invalid, diminishes what is owned at death.
Yes, a gift can be valid. That issue rests largely upon the capacity/competency of the testator at the time the deed is executed.
In the scenario you describe, the deed out to the jtwros most probably prevails.
Speak with an experienced lawyer about all the issues that may come into play in this seeming conflict.
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.