Does a Will override a warranty deed with rights of suvivorship?

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Does a Will override a warranty deed with rights of suvivorship?

Husband passed away; he and his wife were divorced. The deed: Grantee = husband, spouse, equal or to survivor. The Will: = All property owned by me at my death is hereby devised to my daughter, who is also named the Personal Representive. Is ex-spouse entitled to 50% of the property, 100% or nothing? In a community property state.

Asked on January 5, 2012 under Real Estate Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A Will speaks upon the death of the person who made it. However, if the deed to the property that you are writing about is a joint tenancy deed, the surviving person takes legal title to the property regardless of what the Will of the person who passed away states.

If the deed that you are writing about is not a joint tenancy deed, then the Will of the person who passes away would control over the distribution of the real property that you write about.

If the assets are community property being given away by the maker of the Will, only one half of the assets are allowed to be given away. The other one half would be retained by the surviving spouse.


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