Is a will more legal than a deed?

My parents deeded the farm to my daughter and me. She was 3 then and 26 now. In the 1990's my Mom asked me to give my brother his 1/4th part of the farm. A new deed was made. My parents were both still living and I did not have guardianship of my daugher at the time. The att. that made the new deed gave my half-brother 1/2, at the time I thought it was half of my part.
I have been told by other atts. that the 2nd deed is not worth the paper it is wrote on. My Mother died 2-25-08, her will was read Monday leaving all real estate and household items to me.
My brother since finding out about the 1st deed has never done anything for her, except after Dad died he tried to come in and take over. Mom finally told him to leave and not come back until he learned to act like an adult.
What I need to know is the 2nd deed legal, even though my child was a minor and my parents were still alive? I had to get guardianship on my child, because he talked to one lawyler here and she called me on Sat. and told me to get it done as soon as possible because whoever had my daugher, controlled the farm.
I cannot go to any attorneys around here, because the one who made the deeds is our county att.
We live in KY and Mon was the only one that could sell the farm if my daughter and her wanted to.
My main question is does her will override the deed?
Thank you.

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Submitted 65 days ago...

tomturkey

Brain (2,267)

Not always because the deed is also a premanent doucument and is filed though the court. Once your mother signed over the deed to someone else then she know longer can change it,unless she kept her name on it. Then she could change it,even if the child was under age at the time the child became of legal age she would be entitled to her share. if your mother left a will stating she wanted you to have everytnihg, you would be able to have everything but the deen, because once it is signed over to someone else she know longer owns it. Your best bet is to at least contact another attorney, but there are two different issues here. If the deed is filed in you and your daughters name that would be legal. A will is to give what you want to your family however it would stil have to be in her name in order give it to you at the time she made the will. Also any family member can contest a will, if that happens it would be put in probate and that can take along while to get straightened out.

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