Question
Celia is preparing to move from her home of 20 years into an assisted living apartment building. In preparation for the move she contacts her
Celia is preparing to move from her home of 20 years into an assisted living apartment building. In preparation for the move she contacts her lawyer, Phil, and decides that she wants to transfer her home to her daughter Marie. She tells Phil that she does not want her son, Greg, to get any of the real property. Phil has Celia execute a deed of conveyance to her daughter Marie. The deed conveys the property to Murray in fee simple absolute. At the same time Phil has Celia executes an updated version of her last will and testament. The will leaves various personal property and funds in relatively small bank accounts to be divided evenly between Murray and Greg. The will also has a catch all provision at the end leaving all property, real and personal, not otherwise transferred prior to death, to Marie and Greg "share and share alike." Phil takes the will and the deed back to his office and places them into his vault for safekeeping period two years later Celia dies. Phil opens the files and presents Marie with the deed to the property. Greg objects to Marie getting the real property and claims to be a co-owner of the real property. What issues are involved here? Does the analysis change if someone records the deed in the public records prior to Greg raising an objection?
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