Does a deed trump a Will?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does a deed trump a Will?

My husband and I bought a home with my father last year. All 3 of our names are on the deed listed as grantees, tenants by the entirety. My father passed away. My brother and I in the Will are to split the residuary estate 50/50, which is hardly nothing except for a few small life insurance policies. Does my brother have any rights to my house or can we have a new deed re-done with my husband and myself as correct owners since we are on the deed already? When the deed was prepared by the title company, they told me when he passed,we would be able to just have him removed from the deed and receive a new one.

Asked on February 23, 2018 under Estate Planning, Pennsylvania


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

Answered 4 years ago | Contributor

A Will can only convey that which the testator (i.e. maker of a Will) owned as the time of their death. Since you were on the deed as "tenants by the entirety", upon your father's death, you and your husband were automatically vested with 100% ownership in the property. Accordingly, the house was not an asset of the etstae at the time of your father's passing. Your brothe has no claim to it.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption