Does a deed trump a Will?

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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

Answers:

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. 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.


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