Q: If my father passed does his will over ride a life estate? In TN
Life estate says me and my brother are remainderman but the will issues everything to my mother. Can she do what she wants with said land?
A: Will means nothing until the testator dies and the Will Probated. It can always be changed. You might be interpreting the devises, bequests and residuary clause incorrectly. Father may want to execute a life estate/remainder deed now. If there are really the inconsistent transfers in the prospective Will as you say, then Will may be completely void or partially invalid, where heirs/next of kin takes. Father needs a competent attorney for counseling.
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