xfer of real estate by will that already in probate

[elguava]

My mother transferred property via will (2001) that was titled only to my father. At the time she wrote the will, the property was in actually in probate because my father died intestate.
Later (2003) the property was distributed via probate court to my mother (9/10th -note: biological children relinquished their rights ) and to my half -brother (1/10th). Now that my mother has passed (on 1/''08) her will which was written before the probate court decision -transfers all of the property to by half brother... Which takes precendence the earlier will or the later probate court?

Does the will cover the property at issue? If it addresses that property or has clauses that pick up the property then the will would apply if title is in her name. Hhard to say without seeig it all though frankly.

You may want to have a lawyer review the docs to clarify.

Yes, the property is in her name. My contention is -she originally conveyed property that she didnt own; therefore the will was not enforceable at that time??