Texarkana, AR asked in Uncategorized for Arkansas

Q: Can an executor of a will sell land that is left to someone else before the writer of the will dies?

My grandmother left my mother and father land and my uncle, the executor, sold the land before my grandmother died

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1 Lawyer Answer

A: The uncle must have had a power of attorney. Before a testatrix such as your grandmother dies, her will is of no effect. So, as the person nominated as the executor in the will, the uncle would have had no power to convey any property. If, on the other hand, your grandmother also gave him a POA, or perhaps named him as trustee of a living trust, it would be another story.

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