What happens if in my deceased father’s Will he left his house to my youngest sister, however we discovered that it had been deeded to an older sister who has since passed away?

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What happens if in my deceased father’s Will he left his house to my youngest sister, however we discovered that it had been deeded to an older sister who has since passed away?

My youngest sister had my dad sign a Will 2 years ago and it names her as executor and heir to all his debts, assets, etc. It was notarized. My dad passed away about 3 weeks ago and she claims she

Asked on August 10, 2016 under Estate Planning, Texas

Answers:

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

Answered 4 years ago | Contributor

An individual can only gift what they still own.  If your father no longer owned the property (because he had sold it or gifted it to someone else, then it cannot be disposed of via a will.  Based on what you describe, it sounds like the will cannot gift the house because your father did not own the house at the time of his death.
However, there are a variety of different types of deeds.... before anyone jumps to conclusions, you or the other family member should take the will and any deeds to a probate attorney and let them review the documents to determine the full legal effect of the deed and the will.


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