What effect does a deed transfer have on future inheritance?

Full question:

Many years ago my grandmother deeded her house/property to my uncle and my mother (my mother then deeded me her part). Then Grandmother had a will made bequeathing to me all property and real, leaving my uncle $1. Does my uncle have a legal claim to the property?

  • Category: Real Property
  • Subcategory: Deeds
  • Date:
  • State: Oklahoma

Answer:

When a deed is properly executed and recorded, ownership of (or title to) that property is transferred from the grantor to whomever was the grantee or grantees. Typically, the grantor does not retain any ownership interest in the property. If the deed gave title to 2 individuals, they would share ownership of the property either as joint tenants or tenants in common and have separate interests which may, in some cases,, be transferred to other individuals.

If a person's will states that they wish to leave all their property, personal and real, to someone as a bequest, they can only bequest what they own at the time of their death. If they sell, dispose or otherwise do not own a piece of property at the time of their death, the person named in the will cannot inherit it.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Inheriting your grandparents' house depends on how the property was transferred before their passing. If your grandparents deeded the house to someone else, like a parent or sibling, it may no longer be part of their estate. A will can only distribute property that the testator owns at the time of death. Therefore, if the house was not owned by your grandparents at that time, you would not inherit it.