Estate Law Questions? Ask an Estate Lawyer.
I will be happy to assist you. First what State is the property in, and what State is the Estate being Probated? Thank you!
Thank you. The term "and my heirs" in a Warranty deed does not supercede a Will. A Will disposes of property owned by the decedent at their death. If the Will devised the land to a devisee then they are the owners of that land. The term "and my heirs" is boilerplate language used on these deeds, it is to protect the heirs in the chain of title, but does not act as a testamentary instrument.
Whomever was named in the Will should get the property. The heirs of a warranty deed are those who would inherit the property if their were no Will.
In Florida the type of property that can be devised is limited, even by Will, if the property was the decedent's homestead. If the decedent held the property in their name only and left a surviving spouse and children even the devise of the Will may not be valid.
If any part of a Florida decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:
1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. The amount a surviving spouse is entitled to, however, varies as follows:
2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to: