Legal Question in Wills and Trusts in Florida
Which one holds up in court - Will or Deed?
My parents adopted my neices from my sister in 1988. They were 7 and 4 at the time. My mother passed away in 1990. The deed to my parents home was only in my mothers name, so my father had a living trust in the home.In 1994 my sister adopted my neices back from my father. My father passed away in 1997, leaving the house to my 4 siblings and I. In both my mother and fathers will it states that even though my neices were their legal children at the time of moms death they did not want them to share in the estate.We are now trying to sell the home, but on the title there are 7 names, my neices, the 4 sibling and I. Is there away to get them off the title since the will states that they are not to share in the estste? Please help.
1 Answer from Attorneys
Re: Which one holds up in court - Will or Deed?
How the deed is titled over rides what the Will states. If the deed has all of those names on it then you will be required to have all parties sign to sell or deed over.
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