Legal Question in Wills and Trusts in Alabama

Re: Deed vs Will

The basic answer to the short question posed is: yes, a warranty deed trumps a will because the deed transferred ownership before the death of the testator. If the deed was signed and notarized and delivered and recorded before the death of the testator, then it will be effective to transfer ownership unless there was fraud involved. However, there are many other circumstances that would make a deed invalid. For example, if the deed was created as part of a harebrained scheme to evade inheritance taxes, but was not intended to transfer ownership, then the deed could be invalid. All these conditions which could render a deed invalid are very fact-sensitive, and the matter should promptly be discussed with a local attorney (local to the location of the property) experienced in property and probate law. Good luck.