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[TN] Does a conditional gift in a will still apply if the house is sold after the person dies?
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Welcome! How can I help with your legal question?
My mom passed away a couple of months ago. Before that she had moved to North Carolina because she could get more care instead of living next to me because my husband had passed away shortly before that. I live in her house in Tennessee. My sister told me that she had rewritten her last will and testament and sealed it in an envelope and it wasn’t to be opened until after she died. After she died, my sister told me that her will said for me to sell the house I’m in and split the proceeds between me, my sister and brother. When I started the whole process on selling the house, my sister would always say if anyone needed a copy of the will, she’d be okay.
I’m so sorry to hear about your loss and the challenges you’re facing with your mother’s estate. Have you been able to locate the sealed will that your sister mentioned?
Have you had any discussions with your sister or brother regarding the contents of the will and how to proceed with the sale of the house?
My brother hasn’t spoken or seen me in about ten years, after he got married. I told my sister today that I needed her to send me a picture of the will so I could give it to the person that needed it. I had to ask like 3-4 times because it was like she kept coming up with excuses and would try to do other options. I finally asked her if there was something in it that I wasn’t supposed to see or something because it seemed like she really didn’t want me to read it. After asking that question, she sent me pictures of it. But the way I’m reading it, I think she lied to me originally when she said my mom told me to sell the house and split it between us 3. So I’m wanting someone to read it and see if I’m reading it correctly on what my mom wanted done with the proceeds of the house between the 3 of us.
Is there anything else the Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with your mother’s will.
No.
Hey there! Welcome to our service. I’m Priscilla, an attorney with many years of experience. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. I understand you’re dealing with your mother’s will and the sale of her house. Could you share more about what the will states regarding the distribution of the house proceeds?
Could you tell me what specific parts of the will you find confusing or concerning? This will help me understand your situation better.
I’m gonna type it word for word what she put for each of us kids.
My sister: “[name redacted], an unknown amount from sale of house [address redacted]. If paid before my death, instead of after, I will @ $10,000 to [name redacted] from sale of [address redacted].” My brother: “[name redacted], Part of sale of [address redacted]. If able before my death or after. [name redacted] will get $10,000 from sale of house that sits at [address redacted].” For me: “Amount of sale of house [address redacted]. After certain amount is decided by [name redacted], I will give her the sale of the house located at [address redacted].”
My concern is that my sister said I was supposed to split it between us. But this says otherwise. But I’m confused because for my brother it says “before OR after my death”. But for my sister it says if paid before my death INSTEAD of after she would give her $10,000. So does that mean my mom only wanted my sister to get the $10,000 if it was sold before she died and nothing if it was sold after she died? And I think that’s why she didn’t want me to see the will.
Based on your situation, there are several legal considerations in estate law that could support your case:
- Interpretation of Wills: The language in a will is crucial. Courts often focus on the plain meaning of the words to determine the testator’s intent. In your case, the wording about the distribution of the house proceeds and the conditions for each sibling’s share will be key to understanding your mother’s intentions.
- Conditional Bequests: A bequest contingent on certain conditions (like the sale of a house before or after death) can impact how the estate is distributed. The specific conditions for your sister and brother may lead to different outcomes depending on whether the house was sold before or after your mother’s passing.
- Executor’s Role: The executor is responsible for fulfilling the deceased’s wishes as stated in the will. If there is ambiguity or dispute, the executor may need to seek legal advice or court intervention to ensure proper execution of the will.
- Potential for Dispute: Disagreements among beneficiaries regarding the will’s interpretation can lead to legal disputes. Courts can be asked to interpret the will and resolve any ambiguities.
The house is still in the process of being sold. It wasn’t started until after her death. We’re doing a cash sale for $60,000.
It sounds like you’re facing a complex situation with your mother’s will and the sale of her house. Let’s break down the key points and your next steps:
- Understanding the Will’s Language
- The will outlines different conditions for each sibling. Your sister is to receive $10,000 only if the house sells before your mother’s death. Since the sale is occurring after, this condition may not apply.
- Your brother is entitled to $10,000 regardless of when the sale happens.
- Your share appears to be the remaining proceeds from the sale after a specified amount is determined by you.
- Clarifying Intentions
- It’s important to grasp your mother’s intentions. The wording suggests she wanted you to manage the proceeds, with specific amounts allocated for your siblings under certain conditions.
- If there’s any uncertainty, consider consulting an estate attorney to help interpret the will and ensure it’s executed as intended. In Tennessee, a court can be asked to construe or interpret a will’s terms under (TN Code § 32-3-109). If the will is handwritten, it must also meet the requirements for holographic wills in (TN Code § 32-1-105): the signature and all material provisions must be in your mother’s handwriting, proved by two witnesses.
- Executor’s Role
- If you are the executor, you must distribute the estate according to the will. Should any confusion or disputes arise, legal guidance may be necessary to fulfill your responsibilities correctly.
- Anyone holding the original will must deliver it to the named executor after the testator’s death under (TN Code § 32-1-113). Once the will is probated, the personal representative must send copies of the will, or the relevant bequest paragraphs, to the beneficiaries under (TN Code § 30-2-301).
- Potential Disputes
- If your sister disagrees with your interpretation, it could lead to a dispute. In such cases, mediation or legal intervention might be needed to resolve the issue. Formal challenges to a will’s validity follow Tennessee’s will contest statutes in (TN Code § 32-4-101-109).
- Next Steps
- Think about consulting an estate attorney to review the will and clarify its interpretation.
- Have a discussion with your siblings to try to reach a mutual understanding, if possible.
- Be prepared to seek mediation or legal advice if disputes occur.
Ok. Yeah I do believe my mom meant to word it that way with my sister because shortly before she passed, she had told me how mean my sister was to her and she would yell at her all the time. So i think she wrote it that way intentionally. And I definitely believe she meant for my brother to have $10,000 no matter if it was before or after her death. I’m just upset my sister lied to me and kept making excuses when I asked for a copy of the will and tried to avoid letting me see it. When I finally asked if there was something I wasn’t supposed to see or something, she finally sent it to me and I’ve not heard from her since.
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Don’t hesitate to reach out whenever you need assistance!
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