Do I have to abide by a will made by my parents before they gave realestate to me.

UPDATED: Sep 30, 2022

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Do I have to abide by a will made by my parents before they gave realestate to me.

My parents made a will and my father died,after he died my mother gave me the realestate property,do I still have to abide by the will for personal property owned by my parents.

Asked on November 3, 2016 under Estate Planning, Kentucky


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

Answered 6 years ago | Contributor

A Will can only convey that which the deceased (i.e. the testator) owns at the time of their death. Accordingly, any conveyance of property made prior to the testor's death is valid, no matter what the Will states. As to the rest of the gifts listed, they will be distributed as per the terms of the Will. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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