concering deeds and wills...

[Mitzie1700]

I am in Oklahoma. My Grandfather recently passed and he left everything to myself in his Will. The deed to the house that was left to me was recently updated about 5 years ago and he added his girlfriends name to the deed. I am curious if the will will overrule her name being on the deed or does she have the right to the house?

 

[BelizeBreeze]

HOW is the deed recorded? If it's JTWROS (Joint Tenants with Rights of Survivorship) then you're out of luck. Otherwise, you now own 1/2 of the home which is all he has the legal right to will to you.

 

[Mitzie1700]

its actually a warranty deed. December 1, 1998 is when it was changed and her name was added. So then I think we are still going to have to go to probate because his deceased wifes name was never taken off whenever she passed (or her part of the estate wasnt probated). Does this make any difference?

 

[BelizeBreeze]

Yes and no. If the deceased wife has hiers then they MAY have a claim to a portion of the home. You need an attorney to sort through this mess.

 

[Mitzie1700]

I appreciate your help. I'm meeting with a lawyer later this week just trying to get an idea. But we are the only heirs left. So i'm hoping this works out in our favor.

 

[BelizeBreeze]

I appreciate your help. I'm meeting with a lawyer later this week just trying to get an idea. But we are the only heirs left. So i'm hoping this works out in our favor.

Don't be so quick to assume. Just because an hier is not listed in your dad's will doesn't mean one or more doesn't exist. Remember, your father's former wife had relatives who may possibly share in the estate that was never probated.

And that's why the suggestion to meet with an attorney soon.