Asked over 1 year ago - Humble, TX

I received a copy of moms will And I am a beneficiary, I was given the house under the condition it is sold ( I agree to this because I can not affored it or the taxes) But sister who is executor of the will said She has to sell it. not me.Im so confussed an I think I need a lawyer to help me understand this. Thank You

Attorney answers (3)

  1. Stephen L. Baker

    Contributor Level 8


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . The interpretation of the terms of the will itself determines if the property passes to you (with a recommendation for sale) or if the executor is to sell the property first.
    Often, a person’s will states suggestions such as these in order to relieve the heir of any sense of duty to continue ownership of a property that would be financially burdensome. Apparently, you mother senses this and tried to address the situation accordingly.
    Had your mother wanted the executor to sell the property first, the will would have provided specific instruction for the sale with the proceeds of the sale going to you rather than the property itself.
    This should be something you and the executor’s attorney should be able to work out. If not, you may petition the probate court to rule on interpretation of that part of the will.

    The answers provided here are merely general in nature and may not apply to every situation. They do not represent... more
  2. James C. Higgs

    Contributor Level 12


    Lawyers agree


    Answered . Only the executor can sell it while it is in the estate. Sometimes setting down with your sister and her attorney can clear things up, if her attorney is willing to do this.

  3. Eric Jerome Gold


    Contributor Level 19


    Lawyer agrees


    Answered . My colleagues are correct. You need to look to the language of the will to determine who is to sell the property. Remember, that your sister's lawyer is not your lawyer. You should consult with a local probate attorney to review your situation and provide you with guidance and direction.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more

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