Will vs. Deed: The Shocking Truth About Who Gets Your Property

What happens if your last will and testament contradicts your property deed?

It is a great question, and it showcases exactly why you must ensure all your estate planning documents are perfectly coordinated. When documents don't match, the results can be entirely different from what you intended.

Here is everything you need to know about which document controls your assets and why coordinating your estate plan is crucial.

Why the Deed Controls

When it comes to legal documents like property deeds, the rule is straightforward: whatever is listed on the face of the deed is what controls.

If there is a conflict between your will and your deed, the deed wins. Here is how this plays out in common real estate scenarios:

1. Joint Tenancy with Rights of Survivorship

Imagine you own a property as a joint tenant with someone else (meaning you both have rights of survivorship). In your will, you leave that exact same piece of property to a totally different person who is not on the deed.

If you die first, the property does not go to the person named in your will. It stays entirely with the surviving joint tenant listed on the deed.

2. Lady bird Deeds (Enhanced Life Estate Deeds)

In Florida, a very common estate planning tool is the Lady Bird Deed (officially known as an Enhanced Life Estate Deed). What you can do with a Lady bird deed is list one or more beneficiaries who will own your property only after you pass away. You are not giving them any present ownership, so they are not joint owners; they are simply beneficiaries, much like on a bank account.

The Scenario: You have a Lady bird deed naming Mary Sue as your beneficiary. However, your will explicitly states, "When I die, I want Jimmy to have my property. "The Result: Who gets the property? Mary Sue. The beneficiary listed on the deed overrides the wishes written in the will.

Beneficiary Designations Trump the Will Every Time

This legal hierarchy does not just apply to real estate deeds; it applies across your entire financial portfolio. Beneficiary designations trump the last will and testament every single time.

If you list an individual as a beneficiary or a POD (Pay on Death) recipient on an account, that is exactly who the asset is going to, even if you named a different person in your will. This applies to:

• Bank accounts

• Investment accounts

• Retirement accounts

• Life insurance policies

• Joint accounts (which always go to the survivor)

  
  

If you leave assets to someone in your will but have a totally different person listed as the account's official beneficiary, your will essentially means nothing for that specific asset. It is always going to go to the designated beneficiary.

Quick Summary: Who Gets the Asset?

Asset / Account Type	Listed Beneficiary / Owner	Person Named in Will	Who Wins?
Property Deed (Joint Tenancy)	Surviving Joint Tenant	Different Person	Surviving Joint Tenant
Lady Bird Deed (Florida)	Mary Sue	Jimmy	Mary Sue
Bank / Financial Account	Designated Beneficiary / POD	Different Person	Designated Beneficiary

Coordinate Your Florida Estate Plan Today

The ultimate takeaway is that your estate planning must be coordinated. You want to ensure that your deeds, beneficiary designations, and your will all tell the exact same story.

If you have any questions related to deeds, estate planning in general, or beneficiary designations, and you are located in Florida, do not hesitate to reach out. Contact our atCause Law Office team today to make sure your legacy is fully protected!

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