Deed & Will question

[VinnyT]

What is the name of your state? Va

My finacee's mother died recently. Her brother has been living with the mother to care for her, etc. After the will was read, it seemed that the mothers sister and son would receive the house. However, the brothers name is on the Deed as the party of the second. The deed was done in 2002, and the will in 2003(?) Does the will override the Deed? The mothers side of the family are vultures and being VERY uncivil. If the will overrides the deed, shouldn't the deed been rewritten? Help!! Thanks! V.

 

[BelizeBreeze]

HOW exactly is the son's name listed on the will?

 

[VinnyT]

His name is not mentioned with the house which is why this is causing such a dilemma.

 

[BelizeBreeze]

However, the brothers name is on the Deed

HOW is this person's name listed on the will?

 

[VinnyT]

I should clarify. It is the mothers son on the deed(My fiancees brother) As far as the deed goes: The mother is listed as party of the first and party of the second with her son (the brother) as joint tenants to rights of survivorship. I have not seen the will yet, but the mothers sister(POA) is supposedly willed the house. The son(brother) will receive residual insurance but that's it. He is not mentioned regarding the house. What supercedes what? The sister is NOT mentioned anywhere reagrding the deed only the mother and son.

 

[BelizeBreeze]

I should clarify. It is the mothers son on the deed(My fiancees brother) As far as the deed goes: The mother is listed as party of the first and party of the second with her son (the brother) as joint tenants to rights of survivorship. I have not seen the will yet, but the mothers sister(POA) is supposedly willed the house. The son(brother) will receive residual insurance but that's it. He is not mentioned regarding the house. What supercedes what? The sister is NOT mentioned anywhere reagrding the deed only the mother and son.

The bolded part above is ALL I needed. Mom did not own the house upon her death and therefore, cannot will it to anyone. The son is now sole owner.

 

[VinnyT]

It is a deed of gift from the mothers husband to the mother and son. Does this mean she does own the house?

 

[BelizeBreeze]

It is a deed of gift from the mothers husband to the mother and son. Does this mean she does own the house?

a dead person cannot own property. The son owns it now according to the deed. The will, on this point, is invalid.

 

[VinnyT]

So would it all hinge on whose name is on the title? If the mothers name is on the title, than she could will it to someone regardless of the deed?

 

[BelizeBreeze]

are you even listening?

My finacee's mother died recently.

The mother is listed as party of the first and party of the second with her son (the brother) as joint tenants to rights of survivorship.

If mom died then the house IMMEDIATELY goes to the survivor on the deed which is, according to your own words, your financee's brother. Your financee or anyone else has no claim to the home. PERIOD. FINITO!

 

[VinnyT]

Sorry for asking all these questions. I obviously know NOTHING on this subject. I just want to cover all my bases. One more and I'm set: Can the mother change the deed to have his name removed? That's what the sister of the mother is saying. If so, wouldn't the son have to be present? If she did have his name removed would that void the deed of gift.? Thanks a lot for all your help!!

 

[BelizeBreeze]

O.K. now this is ridiculous.

If the mother is dead how can she change the deed?

in any event, no one can change the deed without the permission (and signature) of all parties who appear on the deed. PERIOD!

You need to re-read your post and see how confusing it is.

 

[VinnyT]

Changing the deed before she died. But you said both parties would need to be present, which I found out never occured. So you answered my questions perfectly. Sorry to be so confusing.