What happens if in my deceased father’s Will he left his house to my youngest sister, however we discovered that it had been deeded to an older sister who has since passed away?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if in my deceased father’s Will he left his house to my youngest sister, however we discovered that it had been deeded to an older sister who has since passed away?
My youngest sister had my dad sign a Will 2 years ago and it names her as executor and heir to all his debts, assets, etc. It was notarized. My dad passed away about 3 weeks ago and she claims she
Asked on August 10, 2016 under Estate Planning, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
An individual can only gift what they still own. If your father no longer owned the property (because he had sold it or gifted it to someone else, then it cannot be disposed of via a will. Based on what you describe, it sounds like the will cannot gift the house because your father did not own the house at the time of his death.
However, there are a variety of different types of deeds.... before anyone jumps to conclusions, you or the other family member should take the will and any deeds to a probate attorney and let them review the documents to determine the full legal effect of the deed and the will.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.