Does a deed override a will in WV?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does a deed override a will in WV?

the deed to a piece of property was changed about 6 months ago. If my father who is currently very ill were to pass away, would the deed override the will and give ownership to my mother? is there a time frame from the time the deed was filed with court that has to be met?

Asked on April 30, 2019 under Estate Planning, West Virginia

Answers:

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

Answered 2 years ago | Contributor

A Will can only convey that which the testator (e.g. the maker of a Will) owns at the time of their death. Accordingly, if property was transferred by the deceased prior to their death, then the deed controls and not 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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption