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Dad Put House Deed in My Name Do I Have to Give My Sibling Anything?

Attorney Thomas B. Burton answers a reader question about whether the deed on the house governs what happens to the house, or whether the terms of the Will govern what happens to a house that the reader's father placed in the name of the child before death.


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Transcript of Video: Dad Put House Deed in My Name Do I Have to Give Sibling Anything?


Today's question comes from Unity

Wisconsin and it says the following my

dad passed away he deeded the house to

me it is already deeded in my name do I

have to give my sibling anything

the last will and testament says it is

to be split equal but it is already deeded

in my name so this is a very good

question because we see two issues here

one a transfer during life which was

when the father deeded the home to the

son and two, the last will and testament

which only takes effect upon the

father's death so if your father validly

transferred it to you during his life as

a gift then that asset was removed from

his probate estate because the will

covers everything else everything

without a title or with a title that

otherwise not disposed of so if he

transferred the house to you let's say

as a joint tenant then with rights of

survivorship then you take all of it

upon death however you need to check how

the title was transferred if it was

solely out of his name into your name

then you own it if it was just partial interest then you have that

partial interest and the will would

dictate what happens to the other part

but for my other listeners watching be

careful that what you do during life

lines up with what you want to happen at

death because if this father really

intended that the children split the

house then he shouldn't have transferred

it during his lifetime solely to one

child but to you the questioner you

may own 100% of the house now the will

would dictate what happens to everything

else such as any the other real estate he

owned bank accounts that weren't titled

to pass non probate or anything like

that vehicles etc. so again it sounds

like from the facts you said here that

if it was deeded solely into your name

then you would be the owner of the house

and the will would just dictate

any other assets that had not been

transferred or disposed of by a transfer

on death or a beneficiary designation

at death so good question and thank

you for asking!


© 2019 Law Office of Thomas B. Burton. All Rights Reserved.

Transcript and captions provided for ease of access for the hearing impaired.

For questions about this topic, or to suggest a topic for a future blog post, please contact my office.