Can my mother sell what I inheriated in my father’s Will?
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Can my mother sell what I inheriated in my father’s Will?
My father’s Will has been filed with the county and was not probated. It stated that 8 acres was to be my inheritance. My mother has sold the land. Is this legal?
Asked on June 19, 2012 under Estate Planning, Texas
Answers:
David Eckman / David W. Eckman, Law Office of
Answered 12 years ago | Contributor
Until the will is probated, it has no legal effect, even if it has been filed in the county records. You need to probate the will. If 4 years have passed since your father's death, you need to justify the failure to file it for probate within that period. In the meantime, if the property was community property, and if your mother was also the mother of all of your father's children, and if the purchaser bought in good faith without knowing about the will, you might not be able to recover the property even if you successfully probate the will. However, since the will has been filed in the public records, you have a good argument that the purchaser had what we call "constructive" notice and could not be a good faith purchaser.
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