Does a Warraty Deed make the property leaglly mine if my anut is still alive?

My aunt signed a warranty deed in 2010. Deeding her property to me, I’m her neice, she has not children. She continued to live in the property until 2015.She is still alive living a nursing home due to her disabilities. There is also a will where she willed everything to me. Does the property belong to me or does she still have ownership?

Asked on June 20, 2016 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Most warranty deeds will transfer ownership, but the body of the document will eventually control.  So... as a general rule, yes, the warranty deed will transfer ownership to you.  However, if the body has unusual language, then it may not convey complete ownership to you.  To know for sure, have a title company or real estate attorney review it to confirm that it does convey ownership.
The will controls anything that does not pass automatically.  If the warranty deed is good and it already conveyed ownership to you, then you don't need the will in order to you to take ownership. If the warranty deed is not effective, then a will that leaves everything to you will pass title to you.  However, ownership will not pass until your aunt passes away.

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