Orlando, FL asked in Estate Planning and Probate for Pennsylvania

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?

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1 Lawyer Answer
W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • Probate Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: 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.

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