Does a deed or a Will control?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does a deed or a Will control?

My uncle just passed away and he put a sister of mine on his deed. He had a Will and my sister won’t give me a copy of anything. She told me she owns the house now and the Will doesn’t mean anything b ut told me that it’s going to be in probate court now for anything else he owned.Is she hiding things from me? And my name used to be on the deed and was taken off without me signing any papers.

Asked on October 1, 2012 under Estate Planning, Rhode Island

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country a Will "speaks" at the passing of the person who signed the document. If the deed to the property having your name on it was recorded with the county recorder's office then even if your name was taken off the deed without your signature being on the document removing your name, you still own the property. I suggest that you consult with a Wills and trust attorney about your matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption