My wife and I own a home in Va with her parents; the deed is a survivorship type with four people listed. Her parents have since moved to Ca, and have a will giving all of their two assets to their two daughters. If both parents pass away, what prevails- the will or the deed? Their desire is for their 50% of ownership to pass to their daughter (my wife), not to add another person (second daughter) into the ownership .
1 Answer from Attorneys
If I understand correctly, the VA home is in your name, your wife's name, your wife's mother's name and your wife's father's name, all with right of survivorship. If both of your wife's parents die with no changes in the deed, the property would then be in the joint names of you and your wife. A will or wills of your wife's parents giving estate assets to another daughter would have no effect, since the survivors of the parents listed in the deed -- you and your wife -- would become the sole owners by operation of law.