My mom has a life estate and when she passes the deed say that the property becomes mine. Her will says that when she dies her possessions are split among my brothers and I. Which instruction would be carried out first? Is the house mine and THEN all else is split, or is the house and all split?
2 Answers from Attorneys
Does the deed give you title now? It depends on how the deed is worded?
The deed titled as life estate to mom and remainder interest to you is effective upon death. The probate Estate only accepts assets she owns at death and then transfers those as per the will. The house, if titled with remainder interest to you, will pass outside the will and Probate.