Can a will be broken? Property was left to the church with the stipulation it could never be sold. Over 40 years ago!

Property was left to the church with the stipulation it could never be sold. Over 40 years ago!

Asked on June 14, 2009 under Estate Planning, Kentucky

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yeah well, that is a problem.  Issue becomes was this a restrictive covenant written into the deed or is it a gift and therefore, once gifted, anything could happen with it? Most likely the latter -- you cannot condition gifts.

Try www.attorneypages.com and check the estate planning lawyer's record at the Kentucky State Bar.  You may need to take this matter to probate court but the lawyer could you give the statutory break down and case law precedents in your state.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.