What to do if in my late mother’s Will it was stated that the house was to be used by my father until he remarried, at which time it would be sold?

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What to do if in my late mother’s Will it was stated that the house was to be used by my father until he remarried, at which time it would be sold?

My father was to get 50% of the proceeds and the other 50% would be split amongst their 5 sons. My father has remarried but does not feel like he should have to sell “his” house. Can he sell the house to a friend for, say $100, keep $50 and give us each $10 (and then, of course buy it back from him)? Can he do this?Do we have any legal saying as to who he sells it to and the amount he is selling it for? The house is in both of my parents’ names.

Asked on July 25, 2013 under Estate Planning, Louisiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The problem is that the house is in both of your parents' names. If it is held as joint tenants with rights of survivorship, what your mom did was not legal and furthermore the will won't cover it. Joint tenants with rights of survivorship mean when one dies, the other spouse takes 100%. It goes outside of the will.


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