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inheritance, does the deed supersede the will or?

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rhondas

Junior Member
What is the name of your state (only U.S. law)? new york



my grand mother has a paid for home she lives in ,if she should go into a nursing home ,and the names on the deed were placed there which is my mom divorced and her married brother who have passed on since the deed was signed more than 5 years ago , and there is a will states that the house shall be split from other than anyones name on the deed who would the house go to next of kin which is my sister in law or her children or me the only child of my deceased mother ?
 


FlyingRon

Senior Member
The DEED is the ownership. Adding names isn't some sort of membership, it transfers some fraction of ownership to those people.

The WILL can only direct what assets are in the estate. Depending on how the deed is worded it could be that none of the property remains in the estate. At most, only the fraction that grandma retained is.

Further, the assets distributed by the will are only what is left after all the estate debts are taken care of.
 

tranquility

Senior Member
my grand mother has a paid for home she lives in ,if she should go into a nursing home ,and the names on the deed were placed there which is my mom divorced and her married brother who have passed on since the deed was signed more than 5 years ago , and there is a will states that the house shall be split from other than anyones name on the deed who would the house go to next of kin which is my sister in law or her children or me the only child of my deceased mother ?
I agree with FlyingRon and admit some admiration at how he seemed to understand the question. Me, I read it twice and still can't quite get there.
 

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