Legal Question in Wills and Trusts in North Carolina
If parents expire and their home had been deeded to their children but the will stipulates the home goes to the child who became their caregiver for years with other assets to be split 50 -50 does the will have precedence over the deed?
Asked on 6/11/10, 5:17 pm
2 Answers from Attorneys
Jeff Rosner
Rosner Law Firm P.A.
If they have already deeded house to children it doesn't matter what the will says about the house.
Answered on 6/13/10, 5:01 am
The will can only dispose of assets that the parents own. If they already gave away their home, then their will is irrelevant regarding their home. I really need to see the deed and the will though in order to give you advice.
Feel free to contact me.
Rachel Hunter
Attorney at Law
(678)-687-9693
Admitted in GA, PA & NC
Answered on 6/13/10, 9:24 pm
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