QUESTION
Do my parents own the property they bought from the previous owner that died without changing his last will?
Asked on Oct 15th, 2013 on Estate Planning - Michigan
More details to this question:
My parents bought 3 properties in 1994 for $15,000 in the form of a cashier's check to the realtor & previous owner complete with signed deeds to each property. 4 years later, the previous owner died. Somehow, he did not change his will to reflect that he had sold the same three properties to my parents. His will states that the (3) properties go to his son & daughter. What can we do to correct this error?
16 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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You do not need to do anything if the title was transferred to your parents. If the previous owner still referred to the property in his will but no longer owns the property, then there is nothing his son and daughter can do. If the deeds were not filed, there may be a problem you will have to fix.
Answered on Oct 24th, 2013 at 2:33 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Yes. If the deeds were filed with the recorder of deed's office, they don't need to do anything.
Answered on Oct 22nd, 2013 at 6:50 AM
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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In California (and probably universally) title controls. It does not matter if someone purports to give away property in their will that they do not own. It is void. The owner is the owner, and only the owner can give it away, whether by will or deed.
Answered on Oct 17th, 2013 at 3:04 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If the deeds were recorded, then there's no problem the will devises property the testator didn't own, and effectively does nothing. If the deeds were not recorded, you will have to appear in the probate matter, or in a separate action, and quiet title.
Answered on Oct 15th, 2013 at 7:27 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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You do not need to correct this error. The seller no longer owns the properties, so he cannot give them to anyone through his will, just like he cannot give (or sell) the Brooklyn Bridge to anyone because he doesn't own it.
Answered on Oct 15th, 2013 at 2:49 PM
Edwin K. Niles
You don't have to do anything; your parents own the property (assuming that the deed is correct, and has been recorded).
Answered on Oct 15th, 2013 at 1:50 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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That does not sound like an error. His Will cannot leave something that he does not own. If the deeds conveyed the property to your parents, then the Will provisions are useless. I would make sure the deeds have been properly recorded. If so, then the son and daughter are out of luck.
Answered on Oct 15th, 2013 at 11:38 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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His will is ineffective as to those properties because you paid for them and he transferred the titles to you. Don't worry about the fact he did not change his will, as his will only affects property he possess at death, and he didn't possess those properties at death.
Answered on Oct 15th, 2013 at 11:28 AM
Thomas Edward Gates
It's not an error. Since he had previously sold the property, it is as if he never owned it and, there is nothing to pass on. Retain a probate attorney if necessary.
Answered on Oct 15th, 2013 at 11:26 AM
You should check with an attorney who specializes in estate matters involving real estate. The devises in the Will should abate since the decedent did not own the property in question at his death.
Answered on Oct 15th, 2013 at 10:57 AM
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It should not matter if deeds were signed and recorded. Your parents should meet with an attorney who can review their paperwork.
Answered on Oct 15th, 2013 at 10:01 AM
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If he deeded the properties to your parents, end of story. The will is irrelevant and your parents own the properties. The fact that he never changed his will is not your parent's problem.
Answered on Oct 15th, 2013 at 9:55 AM
If the deeds were properly recorded, your parents should be fine. Just show the recorded deeds to the deceased man?s executor and heirs, and to the probate court if necessary. The will would not matter since he could not give to his heirs what he had already sold to your parents. If the deeds have not yet been recorded, you need to record them immediately and may need to file a lawsuit to establish your parents ownership.
Answered on Oct 15th, 2013 at 9:48 AM
If the transfer of the property was legal in all respects, your parents don't have to do anything. No matter what you bequest to others in your will, if that asset isn't part of your estate at the time of your death, it can't be passed on to anyone. The previous owner's children are out of luck.
Answered on Oct 15th, 2013 at 9:20 AM
Neal Michael Rimer
A Will only acts upon property owned at the time of death that is in the decedent's name. Assuming that the deeds were recorded, then at the time of the previous owners death, the 3 properties were not a part of the estate and therefore there is nothing for the Will to transfer.
Answered on Oct 15th, 2013 at 8:56 AM
If the deeds are good, your parents own the properties.
Answered on Oct 15th, 2013 at 8:14 AM