My Father’s Will

UPDATED: Sep 30, 2022

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My Father’s Will

Many years ago, my father left me a copy of his Will, and it stated all of his daughters were to obtain share of his property in the event of his death. Then, years after, my sister stated that he sold his property to her but without notifying any of the beneficiaries in his Will. I never received a copy of the change, and as far as I know, his original Will still stands. Is this true?

Asked on April 2, 2016 under Estate Planning, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The fact is that a Will can only convey that which the deceased owned at the time of their death. Therefore, if the property that was listed to be gifted out to you and your sibling(s) has already been sold, you have no rights  to it. The fact is that, just because property is listed ina Will doesn't mean that it can't still be conveyed by the owner. While it would have been preferable for your father to have updated his Will, it was not essential. d on the limited facts presented, the rest of Will stands, as does the property conveyance to your sister.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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