will

This is a discussion on will within the Wills, Trusts and Estates Questions forums, part of the Legal Questions & Answers Forum category; Does a will that says you get everything give you clear title to propertyshared by two people?...

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  1. #1
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    will

    Does a will that says you get everything give you clear title to propertyshared by two people?


  2. #2
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    If the title is not clear to begin with, you cannot give clear title to someone else. I can't answer your question specifically as you have not provided enough information.
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    You are raising a question of joint ownership of real property with the "right of survivorship". If so, this right supercedes the will. The concept here is that the agreement is a CONTRACT and has nothing to do with inheritance. If the joint owner pre-deceases you, you have an absolute right to the property. Probate (to prove the will) is moot.

    Generally, this concept also holds true with life insurance policies. It is very important to remember that a life insurance policy is a CONTRACT. Probate/wills have to do with the right of inheritance. Sometimes, probate judges and attorneys mess up and think that a life insurance policy is part of an estate. IT IS NOT! The right to survivorship and life insurance policies are CONTRACTS and NOT FODDER FOR PROBATE. Hope this helps.