Q: My mom is doing her will. Her house is paid for. I and my sister live with her. When she passes she want us to
Be able to stay in it for at least 5 yrs before being sold and then it would be split 4 ways with my other sister and brother. The attorney says it has to be sold within 2 yrs. Is that true
A: With a will alone, 2 years is the normal cut-off for transactions to occur. Of course there are always exceptions... If 5 years is desired, the creation of a trust can achieve the desired timing. Since the lawyer is representing your mother, you will either need to hire your own attorney to provide specific guidance to you or have your mother present (and consent) with her attorney to discuss the 5 year holding period as part of your mother's representation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
