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-   -   Who does a home belong to (https://www.askmehelpdesk.com/showthread.php?t=285599)

  • Nov 26, 2008, 08:33 PM
    francescaxoxo
    Who does a home belong to
    Deed supercede a will
    My mother owned a home that she has transferred over to me - my name is now on the deed however, her will states that the home will be split in half between myself and my brother. Does the will supercede the deed?
  • Nov 26, 2008, 08:56 PM
    LisaB4657
    No, the deed supercedes the will. The will can transfer only the property that your mother owns when she dies.

    If the deed says that you and your mother own it together as tenants in common, then according to the will after she dies your brother will own 1/2 of her share and you will own the other half of her share, giving you a total of 3/4 ownership and 1/4 to your brother.

    If the deed says that you and your mother own it together as joint tenants with right of survivorship then after she dies you will own all of it.

    If the deed says that only you own it then you will still be the only owner after she dies.

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