Question: Does A Life Estate Override A Will?

Can a life estate be revoked?

Life estates, therefore, are typically used to keep property from being transferred through the process of probate.

Importantly, a life estate cannot be revoked.

Therefore, once a person sets up his or her ownership of a property in a life estate, he or she cannot sell or otherwise dispose of the home.

Does right of survivorship override a will?

Interaction With a Will

Funds in accounts with rights of survivorship generally pass automatically to the other joint account holder, so these funds do not fall under the will’s authority. Since the will can only control probate assets, the funds in the account cannot be distributed according to what the will says.

Can a will override a deed?

Deeds generally override wills in states that recognize common law for their established property laws. The UPC typically allows for the sale of the specifically-bequeathed property, with proceeds going to the intended beneficiary, so the will can override a deed in this scenario.

What happens to a life estate after death?

A life estate allows lifetime use of a home before it passes to the final beneficiaries. A “life estate” occurs when a person has a legal right to use property during life, but does not own the property outright. After the death of the life tenant, the property passes to the named beneficiaries, called “remaindermen.”