Legal Question in Wills and Trusts in Ohio

If a will states all estate goes to one person yet, the deed has someone elses name what happens in this case will vs deed?


Asked on 1/25/11, 6:13 pm

2 Answers from Attorneys

Daniel Zigray The Zigray Law Office, LLC

The will can only transfer the interest that the deceased person held; If the deed says the real estate goes to someone else at death, then it passes outside the will; ie, the will would not control. The next question is - Is the deed valid? There could be circumstances where a deed signed may be invalid and could be reversed through a lawsuit. This office has extensive experience in handling these types of lawsuits. For additional information, please refer to our website at www.zigraylaw.com

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Answered on 1/27/11, 1:41 pm
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

If it is a valid deed it will control the transfer of the property, not the will.

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Answered on 1/28/11, 9:34 am


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