Precedence between a Deed and a Will depends upon how title to the property is held at the time of the death. But in general, ownership is dictated by a properly filed and recorded deed.
If I Create a New Living Trust with Standard Legal, How Does It Affect My Existing Trust?
Assuming that you are creating a new Living Trust with the intent of replacing your existing one (i.e., you are not creating a second trust funded with assets not covered previously), the new Trust documents would supersede and take precedence over the existing documents.
Why Aren’t Document Preparation Services Available for All Legal Topics?
Standard Legal offers Legal Document Preparation Service for nearly all of the titles it produces as self-help legal forms software. However, there are some exceptions — and good reasons behind those exceptions.
Where Do I File My Prenuptial Agreement After It Is Completed?
A Premarital Agreement is not filed with the Court or any government agency; it is a contractual document between the prospective husband and wife.
Is My IRA Exempt from a Chapter 7 Bankruptcy Filing?
Whether or not you can “keep” your IRA after a Chapter 7 Bankruptcy filing depends upon which state you live in and whether or not your state offers an exemption for IRA accounts.
Should We Use a Social Security Number or Employee Identification Number When Creating a Living Trust?
The answer depends exclusively upon how you wish to have your trust identified.
In most instances, you are permitted to obtain a federal tax ID number for your Trust, but said number may not be required, depending on how the trust will be taxed.
Can I Create a “Life Estate” Using a Last Will and Testament?
A Last Will & Testament cannot create a binding “Life Estate” in real property, as it is not a deed.
Life Estates are created by transferring certain interests in a real property via a deed (i.e. a deed to a third party which retains a life estate in the grantor).
While a Last Will and Testament can certainly provide notice of the deceased person’s desires or intentions
Can One Family Member Unilaterally Change a Survivorship Deed After It Is Recorded?
Without addressing issues regarding the transfer between family members or what may or may not have been “intended”, once a deed is signed and filed with the appropriate county land office, the property is deemed transferred.
Is a Living Trust the Best Way to Protect Assets and Save on Taxes?
The consideration required in this question simply has too many variables to provide a “stock” answer.
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