Which takes precedence – a deed or a Will?
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Which takes precedence – a deed or a Will?
If someone deeds property out of thier name but hs left that property to a benefciairy in their Will, which controls?
Asked on October 12, 2018 under Estate Planning, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A Will can only convey that which the testator (i.e. the person making the Will) owns at the time of their death. Accordingly, if property is mentioned in the Will but has already been transferred out of the testator's name, then the Will as no force and effect as to such property. The deed is controls.
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