My dad passed over 4 years ago he put some special language in the deed to his home to be sure the broither with POA couldnt play any games ...

Question

My dad passed over 4 years ago he put some special language in the deed to his home to be sure the broither with POA couldnt play any games but now he says the will is whats used in the court and my dad said he did the deed so a will wouldnt matter

Answer

To understand whether or not the property goes into probate, one must review the actual deed itself.

A Will controls all property that the decedent dies owning in his own name. If property gets transferred before death it doesn't go through the Will. Sometimes a deed transfers by title automatically at someone's death, so that the property no longer is in the decedent's name and doesn't have to go through their will / estate.

For instance, when someone prepares a life estate deed or deeds property into a revocable trust it generally would not go through the probate and the will "wouldn't matter" for that property.

While I hope this general information helps it doesn't take the place of meeting with an attorney. You're encouraged to seek legal advice to review the specific documents at issue.