is the will valid still see below

mother made her will in 2014 at the time her house was in her
name, in 2016 my brother transferred her house into his name,
even though i was left 1/3 of it hes trying to tell me i do
not get anything form the house so legally … does the will
still stand valid or am i just left out ?

Asked on March 19, 2017 under Estate Planning, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A Will can only convey that which the testator (i.e. the person who made the Will), owns at the time of their death. Therefore, if an asset is transferred prior to the testator's death, then that transfer will stand. In other words, your brother owns the house. The only way you may be able to still make a claim here is if your brother used undue influence over your mother in order to get her to title the house in his name. At this point, you may want to consult directly with an attorney who handles these type of cases.

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