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Are you an estate lawyer? Mother and father divorced. Fathet…

Are you an estate...

Are you an estate lawyer? Mother and father divorced. Fathet signed house share of the house to ex wife under rights of survivorship which is indicated on deed.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Daughtets name added to deed. Ex-wife did a will including so of their children. Does the deed of rights to survivorship supersede the will? Can the will still be enforceable if ownership of the house goes to the daughter under rights of survivor ship.

Lawyer's Assistant: Has anything been filed or reported?

The will was recorded

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Answered in 5 minutes by:
1/8/2018
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,844
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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The deed here trumps the will I am afraid.It takes the proeprty out from the estate and the deed passes it that way.The deed of right of survivorship here transferred the property and took it out of the will and the estate.It is presumed that the person understood what they were doing when they singed the deed.

I appreciate the chance to help you tonight.I wish you the best here.

Thanks for rating 5 stars.

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Customer reply replied 7 months ago
Property in New York City

Yes under NY law if there was a deed here while person was alive the deed controls over the will.The property is no longer a part of their estate but passed by deed at time it was recorded.Please don't shoot he the messenger being honest here.

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Customer reply replied 7 months ago
If the deed was not recorded then can the will be enforced by the other siblings.
Customer reply replied 7 months ago
There is a deed for rights of survivorship to the wife not sure if she recorded it. I would probably need to go to the court to see if it was recorded right

The county deed records , its possible it was never recorded in that case it is part of the estate.

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Thanks again and thanks for rating 5 stars.

RayAnswers
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