Legal Question in Wills and Trusts in West Virginia

Can someone break this will?

My father-in-law recently remarried and added his new wife to the deed to their home. She will now not allow him to deed the home over to my wife with a lifetime trust for her. His will says that the home goes to his wife upon his death and then to his daughter upon his wife's death. In the event of his death, can his widow sell the home or is she bound by the dictates of his will?

Asked on 6/11/05, 5:47 am

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Can someone break this will?

A valid deed during your father's lifetime will control over the will. Your father's lawyer will have to review the deed itself. If it conveys an interest with a survivorship provision, the new wife will own the real estate free and clear by virtue of the deed itself, if your father should pass away first.

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Answered on 6/12/05, 5:48 am

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