Does a deed transfer supersede a Will?

My in-laws deeded their house to their first born son 6 years ago under on condition that the son can only sell the house only after my in-laws passed away. The attorney also drafted the transfer deed drafted their Will and stated that the son can sell the house after they died. The son died 4 years ago and the wife deeded the house to herself and now wants to sell the house.

Asked on March 26, 2018 under Estate Planning, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss.  Do you mean that the in-laws were given a life estate in the Property? That life estate should be binding on the son's estate and beneficairies (the wife).  I would strongly suggest that you take the documents to the attorney that drafted everything and have him or her explain things.  Good luck.


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