Full question:
My husband was left some land by his father. The will states that he is not to sell the land before he is 55 and if he dies before he turns 55 the land is to go to his sister. He would like to sell the land and his sister says she wants no part of it as she was left land of her own. Is there any way around this?
- Category: Wills and Estates
- Subcategory: Conditions
- Date:
- State: West Virginia
Answer:
The land is primarily owned by your husband and his sister, as specified in the will. The will imposes a condition that prevents your husband from selling the land until he turns 55. This condition is generally enforceable by the courts.
However, since the will does not explicitly prohibit selling the land, there may be options. If your husband and his sister agree to the sale, it might be possible for them to proceed, provided his sister signs the necessary documents. To ensure everything is legally sound, it would be wise to seek court approval, even if it means reopening the estate. This approach, with a motion from both your husband and his sister, would be the safest route.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.