Conflict Between A Deed And A Will

[cryan]

My aunt recently died. Everything in her will was left to my mother. But right before she died she put my brothers name on the deed to her house so the state wouldn"t take it if she had to be hospitalized. So who's house is it? My mothers or my brothers? Thanks for any help.

[jk]

is the brother the only name on the deed or was it held jointly or tenants on common with the aunt.

Title is held by bro only, it is his house. The will can only direct property and assets owned by the decedent. Since the house had already been deeded to another, the will cannot any longer direct any action concerning the house.

If the title was held jointly with rights of survivorship, it would still belong to the bro.

If it was held as tenants in common, the aunts share could be disbursed by direction of the will but the bro would still be owner of whatever share the deed gave him before.

[cryan]

Thanks for your help. My mother is going to see a lawyer on Tuesday about this. The problem is my brother is being an ass about this. When my aunt died my mother went to the bank withdrew all of my aunts money and spilt it three way between my two brothers and I. She didn't even keep any for herself. Now my brother says he is going to sell the house and keep all of the money for himself. My mother could really care less about the house but since in the will it says its hers she wants to talk to a lawyer. She just wants the house to stay in the family.

[jk]

unless the aunts name remained on the title as a tenant in common with your bro, there is nothing that can be done. The bro owns the house and can do whatever he wants to with it.

Your mother has no claim and no say concerning the house.

As far as your mom taking the money out of the bank; what gave her the legal right to do that? Were those accounts held jointly with your mother so she would have rights to them at your aunts death?

Has the aunts estate been probated? You all do realize their are taxes and such that need to be taken care of concerning the aunts estate, don't you?

If there were any outstanding bills for your aunt, any property that was not held jointly WROS with another are also actually not yours yet either. Any of your aunts creditors has a legal right to file a claim against your aunts estate.

The will is meaningless until is is probated. Somebody needs to open probate and take care of the situation correctly but from what you have posted, the brother is the sole owner of the house and not part of your aunts estate.

[cryan]

When my aunt got sick she transferred all of her money into my mothers account. All of my aunts hospital, and nursing bills were paid in cash with this money. Also she didn't sign the house over to my brother. My aunt just had his name added to the will. So the names on the deed were my aunts and my brothers name. Thanks for your help.

[jk]

ok, now you are just confusing me.

you state:

Also she didn't sign the house over to my brother. My aunt just had his name added to the will. So the names on the deed were my aunts and my brothers name.

so, since both the bro's and the aunts names were on the DEED, see my first post as to determining what happens depending upon how title was held.

and now you state bro was added to the will where earlier you stated:

Everything in her will was left to my mother

Which is it?

BTW: FYI; this appears to be irelevent since ALL the bills were paid but if your aunts name was on the title to the house in any fashion, it would be susceptable to a lein from the state, if it came to that. Additionally, since it was done so recently, it would be construed as an intentional act to defraud the state and the state would have been able to claim the entire value of the house anyway. What happened with your brother would have done no good and it may have caused all involved some serious problems.

[Lastingimpression]

This is a tough call. Since your aunt had a will, the entire estate (home, car, money, etc.), will have to go through probate. The only way to avoid probate is to have a living trust (remember this for the future).

At any rate, the probate courts get all their fees first. After that, all possessions listed in the will specifically (i.e. china dishes to so and so, rocker to uncle James, etc.), will go to each candidate respectively. If your aunt says your brother gets the house, than he would be entitled to it only.

It’s too bad that your brother has rebelled against the family and looking after his own interests. That is so true of our society today. Everyone cares about themselves and no one wants to help another out, unless it is to their gain. Forget about the house staying within the family, because all your brother cares about is that it appears he won a small lottery. How much is the home worth?

Now, if your aunt physically went down to the bank or whoever owns the deed to the house and added his name on their (which I think your brother has to sign his own name to), than your brother would get half of the value of the home and the other half (your aunt's half), would be distributed according to what is outlined in the will; which may still mean that you brother will get a portion of that. However, if everything after the home goes to your mother, that she will get exactly half of the value of the home. It’s too bad that your mother gave your brother a portion of her sister's funds, which he is not entitled to. But it was out of your mother's generosity. I hope it wasn't a lot to your brother.

If it comes down to the fact that your brother will get the whole house or half of the house, just let it go and don't fight him for it. You will spend more time, energy, money, stress, etc. trying to fight it as oppose to if you just let it go. Your brother will reap the consequences of his selfishness. God said, "Vengeance is mine, I will repay thee." God knows the whole situation...just leave it up to Him.

[jk]

T

his is a tough call. Since your aunt had a will, the entire estate (home, car, money, etc.), will have to go through probate. The only way to avoid probate is to have a living trust (remember this for the future).

an intestate estate needs to be probated as well.

Now, if your aunt physically went down to the bank or whoever owns the deed to the house and added his name on their (which I think your brother has to sign his own name to), than your brother would get half of the value of the home and the other half (your aunt's half), would be distributed according to what is outlined in the will;

You cannot determine this unless you know how title was held. The intrie house may go to the brother depending on how title is held. The prior deed would have bee registeed with the county registrars office but each time property is trnsferred, a new deed is needed. A deed is a legal document conveying title to whomever it states on the deed. You cannot simply "add" a name to a deed.

However, if everything after the home goes to your mother, that she will get exactly half of the value of the home.

again, you cannot say this without knowing how title was held

[cryan]

I had it wrong. My aunt never put my brothers name on the deed to the house. She had him put on a survivors deed (whatever that is). Will this change the outcome?

[jk]

The house belongs to the brother.

SURVIVORSHIP DEED:
Like the Estate by the Entireties, when a property is transferred by a Survivorship Deed, it means that if one of the Buyers dies, the property will automatically transfer to the surviving owner, outside of probate. Unlike the Estate by the Entireties, the coowners of a parcel of property pursuant to a Survivorship Deed (the "survivorship tenants") need not be husband and wife. The Survivorship Deed, however, does not offer the same protection against creditors the Estate by the Entireties formerly did. Rather, a creditor of a "survivorship tenant" may, in certain circumstances, cause the parcel of property to be partitioned, and the creditor may force a sale of the debtor's interest in the land. A Survivorship Deed can be either a Warranty Deed or a Quit Claim Deed, depending upon its language.

actually it appears to be the same thing as holding title jointly WROS.