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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36960
Experience:  Texas Attorney for 30 years dealing in real estate
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The deed to my fathers and my home was dated 2002 joints tenants

Customer Question

the deed to my fathers and my home was dated 2002 joints tenants with the rights to survivorship.
my fathers will was dated 2009. stating if I sell the house I must give half to my brother.
does the deed superseed the will or the will surperseed deed
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
The deed here controls, it passes to the survivor outside of probate.The real estate is not part of the estate if it has a right of survivorhip but rather passes by deed to the named surivivor.
You are free to sell it or keep it , it belongs to you as sole survivor.You would file a copy of death certificate in the county deed records and they switch it to your name.The will only controls those assets with not right of survivorship.Here these houses belong to you under terms of survivorship need not the will.These are not part of the father's estate, they belong to you by deed as the survivor.
I appreciate the chance to help you today.Please let me know if you have more follow up.
Thanks again.
Expert:  Ray replied 1 year ago.
Reference to joint tenancy passing outside of probate to you by deed.
http://www.nolo.com/legal-encyclopedia/free-books/avoid-probate-book/chapter6-3.html
These are your houses under right of survivorship.
Thanks again.
Expert:  Ray replied 1 year ago.
If you can leave a positive rating it is always much appreciated.
These are your houses if there was right of survivorship they do not pass into the estate.

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