my mom is selling her house to me and wants to know if she has to change her will.

in her will it states that the house will be divided between the 3 kids. she talked to my brother and sister about selling the house to me and they said it would be fine.

Asked on September 14, 2016 under Estate Planning, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, a will does NOT prevent someone from disposing of (e.g. selling) property before her death. A will only has power after someone passes away; it has no "retroactive" power to control what they did with their property while alive. The way to think about the terms of a will is that they effectively say "IF I still have this property when I die, here is what happens to it . . . . " A will sets out what would happen to property if it's still owned at death.


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