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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37097
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I would like to know if rights to survivorship negates a probated

Customer Question

I would like to know if rights to survivorship negates a probated last will and testament
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..It isn't so much that a deed that has "rights of survivorship" negates a last will, but rather that a deed that has survivorship rights takes that property out of the estate so that it is not subject to any will..When an owner of a jointly owned property with survivorship rights dies, their interest instantly extinguishes and the surviving owner becomes sole owner..So the property isn't in the deceased's estate so as to be subject to the directives in their will..But to simplify...if there is a deed with survivorship rights vs. a will, the deed wins and the surviving owner becomes sole owner..thanksBarrister
Customer: replied 1 year ago.
So do I understand you correctly that the deed or right of survivorship over rides the probated will and if so can I be suedMy stepdaughter is suing me on this matter
Customer: replied 1 year ago.
And since I had the will probated do I have to go back to court and with it
Expert:  Barrister replied 1 year ago.
So do I understand you correctly that the deed or right of survivorship over rides the probated will .Correct. The deed takes priority over the will because it takes the property out of the deceased's estate..and if so can I be sued.Anyone can sue anyone for anything, but that doesn't mean that they will win. So if you are saying that the stepdaughter was left the house in the will, but you were joint tenants with right of survivorship on the deed with her father, then you get the house and she is out of luck here..The will only controls assets in the estate, and the joint tenancy with right of survivorship deed takes the house out of the estate so the will doesn't control what happens to it...thanksBarrister
Customer: replied 1 year ago.
Ok but I sold the house and now she is saying that the will states that I have to give them equal shares and that is why she is suing. What happens now
Customer: replied 1 year ago.
She is looking for her share of the proceeds of the sale of the house which was done last year
Expert:  Barrister replied 1 year ago.
The will is completely irrelevant here... The house was never in the estate so it was never under the control of the will. So it doesn't make any difference at all what the will says because it only controls assets in the estate..If you were a joint tenant, then the house is your sole property the instant the other owner passed. So it is yours to do with what you want..She is barking up the wrong tree here if she is foolish enough to have spent money on an attorney to try and sue you. But that doesn't mean that you won't have to hire an attorney to defend, just that you will win..If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me...thanksBarrister
Customer: replied 1 year ago.
Than you
Expert:  Barrister replied 1 year ago.
You are very welcome. And for what it is worth, it sounds like the stepdaughter is just on a treasure hunt and trying to "shake the tree" to see if anything falls out because any attorney that she hired should have told her that the deed takes priority over the will unless they are a dishonest attorney who just wanted to string her along for a few thousand dollars and then lose...thanks muchBarrister