i was willed a house that someone else took

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i was willed a house that someone else took

my grandmother left me her whole estate in her will.. but while she was sick, her son who she didn’t speak too manipulated her into signing a form making him co owner of the house..

she passed in 2014, and he passed away a few weeks ago. his girlfriend is saying the house is hers but I still have all the papers saying I was executor to will for my grandmother and executor to estate. can I fight this at all or should I give up.

Asked on March 31, 2018 under Estate Planning, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you can't fight this. If a will leaves you, say, a house--for example, it says, "I leave my grandson my house"--the way it must be read is as if it said, "IF I still own my house when I pass away, I leave it to my grandson." That is, the will controls what happens to assets owned at time of death but in no way restricts what happens to them pre-death: a person may freely sell, spend, exchange, transfer, trade, gift or give away, etc. anything they own during their life and the will does not prevent that. The will only comes into effect after death, and has no affect on what is done pre-death. Thereore, your grandmother could make her son owner of her home.


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