My father passed and my mother is considering selling the house to my nephew, can she do that without going over the will?

UPDATED: Oct 1, 2022

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My father passed and my mother is considering selling the house to my nephew, can she do that without going over the will?

My father passed away and my nephew is trying to put his name on the title of the house to be able to refinance the

home. I am worried that what my father’s wishes for distribution of his and her assets will be violated, making it so my nephew has control over how much money the house will be sold for my nephew plans on buying it so that is very

convenient for him. Can the will stop this from happening or make it so I have power to ask for the full market value of the home to be paid? My sister has no problem with what her son is doing because it will benefit her. My mother is on pills for schizophrenia and severe anxiety and I believe those medications may alter what she decides to do.

Asked on August 7, 2018 under Estate Planning, Washington


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to get legal halp asap.  If our parents owned the house together your Father's interest passed to her upon death.  Really she can do as she pleases unless the Wills and procedural law do not allow.  But forget that for the moment.  You need to talk to someone about obtaining guardian and conservatorship over your Mother.  She may not have the capacity under the law to make these decisions and that is the real issue here.  Everything else will fall in to place after that.  Good luck.

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