Does a Will override the names specified on a deed to property?

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Does a Will override the names specified on a deed to property?

My 2 siblings and I were mentioned in my Mom’s Will – that she wanted the house to go to us. However, the deed to the property was in my Mom’s name (now deceased) and my name. Both sisters are disabled and receiving money in food stamps and disability payments. I had to sell the property for the amount of the small mortgage left due to unemployment. Now the sisters are crying foul. Can anyone receiving disability payments from the state even own a house/property? 

Asked on August 3, 2011 Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your loss.  There are two issues here and the one about the disability has nothing to do with the one about the house.  First, if the house was owned by you and your Mother you probably owned it as joint tenants or tenants in common.  I am assuming that there was no "rights of survivorship" and that your Mother had the right to will her half to whomeever she wanted to will it to.  So she willed it to you and your siblings.  So you owned one half plus one third of one half (or one sixth if my math is correct) and your sisters one sixth each.  Now, were you the executor of your Mother's Last Will and Testament? You had a right to do with the property what was necessary to administer the estate but if you paid off the mortgage and half of the mortgage was your responsibility - or all of it - then your sisters may not be wrong.  You may in fact owe them some money from the sale.  Seek legal help here.  Good luck.  


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