Q: My father left a will, which states that I, his only child, is EXECUTOR, EXECUTRIX, PERSONAL REPRESENTATIVE, TRUSTEE
To his estate & upon release of said life estate (my death), property shall pass to BRALYN COLE MCDONALD. But, the will also states "I CONFER UPON THE EXECUTOR THE POWER TO DO ALL THINGS DEEMED NECESSARY OR PROPER REGARDING FOLLOWING POWERS, WHICH MAY BE EXERCISED WITHOUT ORDER OF OR REPORT TO ANY COURT: TO SELL, EXCHG, OR OTHERWISE DISPOSE OF ANY PROPERTY AT ANY TIME HELD OR AQUIRED UNDER THIS WILL."
So, only one grandchild was born at time will was done, now there are several more. Can I sell the property with the will stating this? As well as, "AS EXECUTOR DEEMS BEST WITHOUT REGARD TO ANY LAW." And is the mother of the grandson listed, 9 yrs old now, automatically his conservator? Do I have to have her permission to sell? Is there a certain percentage I give him if I can sell? My dad told me I would have to leave here when he passed so I think that's why he put I could sell, dispose of.........but, his mother is "controlling me," saying she's his conservator.
A: Your question is well past complicated. The entire will needs to reviewed by a lawyer specializing in probate law. You compound the issue by discussing grandchildren who might have a conservator. You make no mention of grandchildren as you quote part of the will. This question ought to be fairly straightforward for a probate lawyer to answer.
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.