Monday, May 12, 2014
Does a will override property deed ownership?
in california,
my Dad signed over half of his single family home to me.
I am on legal title as equal owners with rights of survivor ship).
my problem now is that my sister made a video tape of my Dad
several years ago, that upon his death, the half of the house that I now own with him be given to my sister too.
She told me that i would get half the house, it's on video tape and I would at least have a place to stay… But not own for my own through inheritance.
So if my dad passes away, does the video taped Will, "over" ride the legal gifted deed for the house? And then my sister would then legally own the other half of the house?
some background,
Years ago, My dad also sign over to my sister a whole apartment house which she has complete ownership for the last 10 years(legal title).
The apartment house is worth a lot more than the house (40% more), and was paid off in total, for (from taking out a line of credit on the single family house!
Pretty conniving and sinister i must say, my sibling also had bad past and felony arrests years back so really has no problem trying to cheat out other in the family for the money.
i have been working honestly, with a good job where I work hard, and have no criminal past.
I've given loans of over 50k to this sibling in the past when she had financial troubles no questions asked. I this get back in return, so, can you help with some good advice before I run to my nearest good real estate tax attorney?
Added (1). thanks for the responses.
let me be more clear.
i recall now that my sister said I would always have My share of the house, and that my Dad's half of ownership be willed via a video to my sister. So the house would be 50/50 owned by my Sister is probate decides in favor of my sibling? That's what I'm worried about, signed, sleepless in bay area.
Added (2). I would add one more, these are great answers. I do have Joint tenants in Common with rights of survivor ship, so that makes me feel better.
The only remaining doubt I have is that my sibling also may have a written Will unbeknownst to everyone else, that they have had my Dad write on top of their existing Will which is out dated. If so,
would a written will that wills his half of our house be valid in a court, probate after death?
I will be consulting my inheritance real estate attorney
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