Legal Question in Wills and Trusts in Kentucky
Survivorship Deed
My husband and I have survivorship deeds to our Real Estate that we own. If I should die first and my will says I am giving my part of the real estate to my children would my will override the survivorship deed?
1 Answer from Attorneys
Re: Survivorship Deed
Your particular deed will control the succession. When you and your husband acquired your deed you essentially entered into a contract whereby you each receive a life estate and a remainder in fee simple UPON THE CONDITION THAT YOU SURVIVE your co-tenant. If you die first, your interest in the property expires and you have nothing to leave by will. Your husband would succeed to the full fee simple title with all of the powers of ownership including the right to give or sell to anyone he pleases.