Does a name on a deed override the name in a will if the deed is dated after the will?

1 answer | Last updated: Nov 11, 2016
Jonibabe16 asked...

My mother's will leaves her house to her three children. However, my mother recently changed the name on the deed to my mothers house to only one of my siblings name. My mother has now passed away. Does the will override the deed or the deed override the will?


Expert Answers

Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

Sounds as if the deed rules here. If your mother changed the legal owner of the house to your sibling, then the property was not in her estate when she died, so what the will states about it no longer has any effect.

You and your other sibling could make a claim to the house only if you have good evidence that the sibling who got it did so by devious means or by overcoming your mother’s true intent. Making such a legal challenge would likely require the time and expense of hiring a lawyer—and of staging a messy courtroom battle.