Legal Question in Wills and Trusts in Massachusetts
A Deed Versus A Will
My sister and her oldest daughter's names were on the deed to my sister's home. My sister passed away 4 months ago and her will states that the home should be split equally between her 3 daughters. However, the oldest, whose name is remaining on the deed, says that, despite what is written in the will, the house is 100% hers because she is the sole name left on the deed. What is legally correct, what is on the deed or what is in my sister's will?
1 Answer from Attorneys
Re: A Deed Versus A Will
Right of survivorship for a deed depends on how the property was held. While alive, each party holds an undivided interest in the property. Title is decribed on the deed. If title was held as "joint tenants" then the interest of each party is conveyed automatically to the survivor. The interest of the joint tenant terminates at death. If the interest is "tenants in common" the party's interest does not terminate at death and the deceased's interest goes to her heirs.
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