If a parent’s Willgives their children property, can the parent still deed the property away before they die?

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If a parent’s Willgives their children property, can the parent still deed the property away before they die?

My mother (still alive) wrote out a Will but then she make a deed out to 2 of her children with a lawyer. Which will stand?

Asked on August 15, 2010 under Estate Planning, Kentucky

Answers:

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

Answered 10 years ago | Contributor

This type of situation occurs often.  What people do not remember is that you have no right to property listed in a Last Will and Testament until the testator dies.  If the testator wishes to transfer the property prior to dying and the property is not there at death, the beneficiary is out of luck.  What I would be concerned about is any undue influence on your Mother that may be taking place.  Is she of sound mind to make a transfer of the property?  Are the children attempting to prey on her inability to make decisions and pressing her to sign the property over to them?  I would seek consultation on the issue.  Good luck.


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