Legal Question in Wills and Trusts in Indiana
wills-estates
Does joint ownership of property, between spouses, supercede a will? For example if someone left 1/3 of their estate each to their spouse and two children and their home was in both the deceased and their spouses name would it be considered part of the estate or would it automatically go to the spouse because it is in both of their names?
1 Answer from Attorneys
Re: wills-estates
Joint ownership, if not obtained by fraud, would supercede a will. If the property was held as joint tenants with right of survivorship, or in the case of a married couple, by entireties, then the property does not need to be probated and will go to the surviving joint owner. This is very common with married cuoples, and probably not a case of fraud or undue duress. Get a copy of the deed (you can get a copy from the county recorder, if you have to), and ask your lawyer if the decedent's estate retained any rights to the property. Good luck.
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