my mom is selling her house to me and wants to know if she has to change her will.

UPDATED: Sep 30, 2022

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my mom is selling her house to me and wants to know if she has to change her will.

in her will it states that the house will be divided between the 3 kids. she talked to my brother and sister about selling the house to me and they said it would be fine.

Asked on September 14, 2016 under Estate Planning, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, a will does NOT prevent someone from disposing of (e.g. selling) property before her death. A will only has power after someone passes away; it has no "retroactive" power to control what they did with their property while alive. The way to think about the terms of a will is that they effectively say "IF I still have this property when I die, here is what happens to it . . . . " A will sets out what would happen to property if it's still owned at death.

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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