 stina_sosu
Joined: 06 Sep 2009
Posts: 1
1.73 Dollars($)
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 Posted: Sun Sep 06, 2009 11:15 pm Post subject: Tx-warranty deed done after will |
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| A few years ago a family member had a warranty deed filed after her will. Probably a bout 5 years after the original will. Transferring her property to her daughter, and then if/when her daughter passed it would go to her son. The Original home owner passed and then less than two months later her daughter passed. Leaving the property to the son. After that, the son did another warranty deed, all done through a lawyer again transferring the property to another family member. The original person who was the grantee of the deeds children are saying it is not legal that anyone else have the property but them due to the will. Does the warranty deed filed after the will negate anything in the will about property? I hope this made sense. Names left out in case of litigation. |
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sara
Moderator
Joined: 05 Jul 2006
Posts: 1679
Location: New Brunswick, New Jersey
315.05 Dollars($)
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| Posted: Mon Sep 07, 2009 3:56 am Post subject: |
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Hi stina_sosu,
As far as I know, a will comes into effect after the death of the property owner. As the owner filed the warranty deed before his death and transferred the property to his/her son and daughter, the warranty deed will be taken into consideration and not the will. However, I would suggest you to discuss the whole situation with a lawyer and take his opinion in this regard.
Take care. |
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