Q: If the testator has been placed in a nursing home, can the will be read and things be distributed to the beneficiaries.
The testator is financially sound, however the executor of the will wants to sell the house claiming the money may be needed.
A: Don't do that! First, the will is not effective until the testator dies, not a minute before, and then usually only after a court has probated the will and issued letters testamentary giving the executor the authority to sell and distribute the estate. If anybody has a power of attorney for the testator, that might (or might not) give the attorney in fact authority to sell things and make gifts, but it would have to be carefully reviewed to see if it does because those are extraordinary powers. Finally, don't do ANYTHING without consulting an elder law attorney. Selling or gifting the house during lifetime is a classic MISTAKE that do-it-yourself estate planners make.
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