trusts-and-estates
Does a deed supercede a will when a house is transferred to one sibling?
<p>I have been taking care of my elderly mom who has dementia the past three years basically with no help from siblings.  I live with my mom . She transferred the house to me. We did a life estate.  I am now listed as the owner of the home. However many years ago my mother made a will and had the house being shared among her three children. Now my question is if I am paying all the bills and the property taxes on this house and living there and taking care of my mom do I have to  divide the house equally when it's sold even if I am listed on the deed as owner.  My siblings keep talking about their share of the house and it makes me crazy since they refuse to help take care of our mother with me. </p>

<p>A deed executed during life trumps a will. The other siblings would have to argue:</p>

<ul>
<li><p>Your mom did not have the capacity to execute the deed (which is a very low standard in terms of her capacity).</p></li>
<li><p>The deed was procured from undue influence from you (which requires them to meet a high bar of proof).</p></li>
<li><p>The deed was really the implementation of an agreement for you to hold the property in trust for everyone (which requires some affirmative evidence of this intent).</p></li>
</ul>
