My mother is in a nursing home with Alzheimers and in her Will she left her home to my brother and I, can he sell it before she dies?

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My mother is in a nursing home with Alzheimers and in her Will she left her home to my brother and I, can he sell it before she dies?

Asked on April 1, 2012 under Estate Planning, Texas

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 9 years ago | Contributor

Title to real property does not pass until death, so you have no right to sell under the will until she dies.  Do either of you have a power of attorney?  If so, you might be able to sell under that.  Finally, you would have to apply to a Court for guardianship of your mother, and them get the Court's permission to sell the house.  Good luck.

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

The will only controls her assets at her death.  So unless you have a durable power of attorney you cannot sell it.  Also, there are tax implications to consider before you sell.


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