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Will Question

Austin, TX |

I got a copy of my moms will an saw that I was willed the house. There are no requirements . Now heres my question, I found out that my sister ADDED to the will a requirement for the house to be sold.I told her that I dont think you can add that , she said yes she can. Thank you

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Attorney answers 3

Best Answer

That's not cool. It would be important to know whether your mother is still alive, and, if not, whether she was alive at the time your sister added the requirement. If so, then it would be good to know (i) if she had power of attorney; (ii) how broad were those powers; and (iii) when the power of attorney became effective (upon signing or incapacity). Remember, though, POA's expire upon death.

It probably wouldn't hurt hiring an attorney.

The above statements are provided as general information and not intended as legal advice. Each matter has its own set of unique circumstances that cannot be adequately addressed without consultation. You are strongly advised to hire an attorney licensed to practice law in your state to represent you.



She passed away in late September the will went throu probate court an my sister said She added the requirement after she got the will back from probate court, my sister nor I had power of attorney because my mom was of good health , she died from an accident

Robert Neil Newton

Robert Neil Newton


I would advise you to speak with an attorney in the county in which your mother's will was admitted to probate. Someone should review exactly what procedures have occurred and where it is in the process.


Your sister has no authority to modify or augment your mother's will. If your mother is competent, she can modify, adjust or change her will, as she desires, so long as the will conforms to the legal requirements for will execution in your state. If you need more assistance try the Avvo Find a Lawyer tool for a local attorney.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold Telephone: 818-279-2737 Email: service@egoldlaw.con


Your sister doesn't get to change the will to suit her fancy. It sounds like you may have a will contest on your hands. Talk to an attorney immediately. If you know where the original will is located, take it with you to the attorney. You don't want it to go missing. We offer free consultations. Remember, you have time limits for probating the will. It is best to have title in your name sooner than later.

This post is for discussion purposes only and is not intended as legal advice. This post does not create an attorney-client relationship. If you are interested in retaining counsel, you may contact The Law Office of Daniel O'Brien, P.C. at 512-615-3580 to discuss further.