Does name on title deed override will?

Answer 1

If the property was in trust when it was granted, then the deed would override the trust because the trustee no longer controls it.

Similarly, if your will says your children get your house, but you sell it before you die, then the deed overrides the will.

but if the trust was not dissolved and a will is processed when the person dies who has the right to the property . the trustee of the living trust or the administrator of the will

Answer 2

Of course it does, if I'm reading the question correctly. I can leave you the Empire State Building in my will, but you'll have trouble collecting without proof that I owned it. You can't will what you don't own outright.

Answer 3

No. A will can only distribute property that was owned by the decedent at their time of death. If the testator conveyed property by deed prior to their death that property is now owned by the grantee in the deed even if the testator mentioned it when they made their will. A deed supercedes a will.

Answer 4

Yes. Property owned at the time of death becomes part of a decedent's estate. If the property was conveyed by deed during the life of the testator, it has a new owner, is not owned by the testator at the time of death and therefore cannot pass under the will.

Answer 5

No. Not if the land was conveyed by the owner prior to her/his death. A will can only distribute property owned by the testator at the time of death. That's one reason it is a good idea to update wills.

Answer 6

Yes. A person's will is intended to direct the distribution of their property after their death. Sometimes a person's assets change during life. A testator can transfer property while they are still living even though they may have devised it to someone else in the will. Then as often happens, the testator (the maker of a will) fails to make corrections to their will.

If the testator transferred property by deed during their life that property is not part of the testator's estate at the time of death. Therefore, if it was given to someone else in the will, the testator no longer owned it at the time of death and the gift in the will has no legal effect.

It is not the name on the deed that overrides the will it is the deed itself.

Yes. A person's will is intended to direct the distribution of their property after their death. Sometimes a person's assets change during life. A testator can transfer property while they are still living even though they may have devised it to someone else in the will. Then as often happens, the testator (the maker of a will) fails to make corrections to their will.

If the testator transferred property by deed during their life that property is not part of the testator's estate at the time of death. Therefore, if it was given to someone else in the will, the testator no longer owned it at the time of death and the gift in the will has no legal effect.

It is not the name on the deed that overrides the will it is the deed itself.

Yes. A person's will is intended to direct the distribution of their property after their death. Sometimes a person's assets change during life. A testator can transfer property while they are still living even though they may have devised it to someone else in the will. Then as often happens, the testator (the maker of a will) fails to make corrections to their will.

If the testator transferred property by deed during their life that property is not part of the testator's estate at the time of death. Therefore, if it was given to someone else in the will, the testator no longer owned it at the time of death and the gift in the will has no legal effect.

It is not the name on the deed that overrides the will it is the deed itself.

Yes. A person's will is intended to direct the distribution of their property after their death. Sometimes a person's assets change during life. A testator can transfer property while they are still living even though they may have devised it to someone else in the will. Then as often happens, the testator (the maker of a will) fails to make corrections to their will.

If the testator transferred property by deed during their life that property is not part of the testator's estate at the time of death. Therefore, if it was given to someone else in the will, the testator no longer owned it at the time of death and the gift in the will has no legal effect.

It is not the name on the deed that overrides the will it is the deed itself.

Answer 7

Yes. If the testator conveyed the property by a deed during her life then the land will not be part of her estate at death and it cannot pass by her will.

Yes. If the testator conveyed the property by a deed during her life then the land will not be part of her estate at death and it cannot pass by her will.

Yes. If the testator conveyed the property by a deed during her life then the land will not be part of her estate at death and it cannot pass by her will.

Yes. If the testator conveyed the property by a deed during her life then the land will not be part of her estate at death and it cannot pass by her will.

Answer 8

Your question is unclear so the following information is offered:

A testator (the maker of a will) can convey property while living even though they may have gifted it to someone else in the will. That property is not part of the testator's estate at the time of death. Therefore, if it was given to someone else in the will, the testator no longer owned it at the time of death and the gift in the will has no legal effect.

If property was transferred to a trust the grantor cannot execute any deed conveying it to anyone else because they no longer own that property. In order for that property to be transferred to a new owner the trustee of the trust must convey it by deed.

Answer 9

Yes. A person's will is intended to direct the distribution of their property after their death. Sometimes a person's assets change during life. A testator can transfer property while they are still living even though they may have devised it to someone else in the will. Then as often happens, the testator (the maker of a will) fails to make corrections to their will.

If the testator transferred property by deed during their life that property is not part of the testator's estate at the time of death. Therefore, if it was given to someone else in the will, the testator no longer owned it at the time of death and the gift in the will has no legal effect.

It is not the name on the deed that overrides the will it is the deed itself.

Answer 10

Yes, if it was granted prior to the owner's death! You can't give something away (through a will) that you (and your estate) no longer own.