Can a will be broken? Property was left to the church with the stipulation it could never be sold. Over 40 years ago!
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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 14 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.
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