Legal Question in Wills and Trusts in Indiana

If the daughter of a deceased person is named in the will as the beneficiary of real estate does that supersede whatever name is on the deed


Asked on 1/11/12, 4:48 am

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

The name on the deed determines who can grant or transfer the property elsewhere. A will can not remove ownership of property from a person who is alive; it only can transfer property from the decedent, i.e. the person who wrote the will.

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Answered on 1/11/12, 7:23 am
Voyle A. Glover Attorney at Law

If the daughter of the deceased is named as a beneficiary of real estate owned by the decedent, in other words, the deceased owned the real estate (which means his name would be on the deed), then the real estate will go to the daughter, assuming there are no superceding liens or creditors who have an interest that is greater than the value of the estate, in which case, there may be nothing left to give to the daughter. You would need to consult with an attorney with all of the facts to get a truly reliable answer to your question.

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Answered on 1/12/12, 12:50 pm


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