What to do if my grandparents stated in their Will that their assets were to be divided amoung their 3 daughters but they later deeded their house to only 1 daughter?

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What to do if my grandparents stated in their Will that their assets were to be divided amoung their 3 daughters but they later deeded their house to only 1 daughter?

One daughter was still at home, the Will stipulated she could live there, but when she sold the house the proceeds would be divided among the three siblings. Several years later, due to family issues, my grandfather changed the deed to the home giving the house for $1.00 to the daughter who was still living there to stop the arguing. Now she is in a nursing home and the house will have to be sold. Will the Will be the document the state uses in determining who gets the money from the sale of the house or does the deed override the Will?

Asked on March 20, 2013 under Estate Planning, New Jersey

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation.  Generally speaking, if the asset is not a part of the estate of the decedent t the time of their death (as here) then it can not be distributed according to the Will.  I think that you should speak with some one in the area.  If you had contested the transfer years ago on some legal basis then maybe that could have avoided the situation as it is now.  But mreo information is needed as well as a timeline, etc.  Good luck.


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