Monday, 23 March 2015

If a person has a will stating their estate is to be split between 3 named people, but someone else writes a contract stating that they can ...

Question

If a person has a will stating their estate is to be split between 3 named people, but someone else writes a contract stating that they can live in the home after the will holder dies, does that contract over ride the will?



Answer

The will distributes property when it is probated. The house belongs to the beneficiaries. So do the contract rights and duties.

The probate code also establishes a probate homestead for certain relatives who were residing in the home such as a spouse or child.

You are going to need an attorney to probate the will. Suggest you hire an attorney in your area to do this and advise you on the contract.

Good luck.



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