Ballwin, MO asked in Estate Planning and Elder Law for Missouri

Q: Can POA sell property

The property that is been sold was left to me in a will the other property goes to her what happen what happen to the bal of the money from the sell if he dies will that come to me or her

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: The answer depends on how the will is worded. If you receive the property and ONLY the property, if it is not owned at the time of death, the 'gift' is not effective. If you were given the 'property or its proceeds' then you'd get the money earned from its sale. That is a pretty unusual thing to put in a will.

You should seek local legal guidance about what you can and cannot do, but please remember that the PoA has an OBLIGATION to only do what is in the PRINCIPAL's best interest. There is nothing in the requirement about YOUR best interest as a beneficiary unless the principal has made some direction to that effect.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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