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