Q: Can a home be sold if living will states upon their death to sell home and split into 4s?

A: The short answer is "yes". Will's are only valid after the testator (the person who makes the will) dies. Up until that point, they lie dormant. A power of attorney creates an agency powers that can be effective immediately. So if your sister's agency powers are effective, then she has the right to sell the home now.

I hope this helps.

Wes

A: I'll make a couple of assumptions here: 1) That her Last Will and Testament is validly executed; and 2) her Power of Attorney is validly executed.

Your mother's Last Will and Testament is only effective upon her death. Further, the agent under a Power of Attorney has a duty to act in your mother's best interests, including selling the home if needed to cover the expenses of her care.

One problem that the agent may have is that title companies will not usually insure the sale of real estate by an agent operating under a Power of Attorney, meaning that a buyer could not obtain a loan on the purchase of the home. The only exception is if the Power of Attorney was: 1) signed by your mother within the last year; AND 2) contains the legal description of the home.

If funds are needed to cover her care, the agent may instead look into finding a renter or other way to generate income from the property while your mother is alive. Either way, during your mother's life or after her death, a court order will likely be required to sell the home. That process is called a conservatorship during your mother's lifetime, and probate after her death. The agent will probably need to hire an attorney in her area to handle this matter regardless.

I hope this is helpful.