Does my mother’s Will supersede any attempt or plan to sell her property before her death?
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Does my mother’s Will supersede any attempt or plan to sell her property before her death?
My mother’s Will states that her property is to be divided 3 ways between myself an 2 siblings after her death. There are now plans to sell the property in its entirety and relegate all the proceeds to her. My sister is P.O.A. and has indicated that I and my family have to be off the property in about 2 months (as we are living on the property and have been for 8 years). Does everyone named in the Will have to agree to the sale or can it be sold solely by my mother/sister?
Asked on August 8, 2011 Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of this country a will "speaks at death". Meaning, your mother's will has no force and effect while she is alive. While she is alive, she can change it any way she desires.
Your sister has a valid power of attorney for your mother. This means she can act as she deems necessary for the benefit of your mother. If your sister who holds this power of attorney wants you to vacate your mother's property, she has every right to have you do so.
The beneficiaries under your mother's will have no say about the sale of the property you are living in while she is alive. Depending upon the powers given in the power of attorney, your sister can sell the property on her own in accord with your mother's wishes. If not, your mother makes the decision for the sale.
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