Legal Question in Wills and Trusts in West Virginia
What rules, deed or will?
My father recently died. He had remarried over 20 years ago. His will allows for his wife to have Survivers Right to live on the family farm until her death, and then it becomes part of the family estate which belongs to 4 of us children. I found out that in 1991, he had her name placed on the deed. Which one will be honored? Is she allowed to sell, borrow against or do what she wishes since she is on the deed? Have we, the children lost all claim to our home place?
Asked on 6/10/05, 11:31 am
1 Answer from Attorneys
Thomas Zimmerman
Zimmerman Law Office
Re: What rules, deed or will?
A deed given by a person in his lifetime would control. You should secure a copy of the deed and take it to a lawyer to review and advise.
Answered on 6/10/05, 12:04 pm
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