Legal Question in Wills and Trusts in Maryland
When there is a will and deed where the decedent dies and one is more recently executed than the other, which is the governing document? The deed and will provide different beneficiaries. Your assistance is greatly appreciated. Thank you!
Asked on 6/30/15, 10:17 am
1 Answer from Attorneys
Cedulie Laumann
Arden Law Firm, LLC
The will only controls giving away what the decedent died owning in their name. A will cannot give away property that the decedent previously gave away while living. So if property passed by title (i.e., by a Deed), then the deed controls.
Answered on 12/03/15, 2:18 pm