Q: My father passed away back in February. He had a Will and had previously had his land in a life estate .
The life estate was in my name and brothers name . However upon looking at the Will it states “ I hereby give ,devise and bequeath all property of every kind ,character and description owned by me at the time of my death and wheresover situated unto my son , “my name “
My question is does that override the Life estate ?
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A: If you were already deeded the life estate (and the remainder went to someone else) in a recorded deed, then the later probated will has no effect on real property the decedent did not own at death. Hire a MS attorney to search the title and determine ownership.
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