Is a will regarded higher than a Deed?

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Is a will regarded higher than a Deed?

If a property is deeded to some of the heirs
but not all and the will instructs to devide
property equal. How would the excluded heir
stand in inheritance of the property, if the
Deed was exicuted after the will was recorded
and before parent deceased.

Asked on May 23, 2018 under Estate Planning, Texas

Answers:

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

Answered 3 years ago | Contributor

A Will can only convey that property which the deceased owned at the time of their death. Therefore, if property is deeded to others it is no longer a part of the deceased's estate. Accordingly, the conveyance under the deed will stand; the provision in the Will relating to the proedperty will not.


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