Legal Question in Wills and Trusts in Pennsylvania
Agreement of Sale supercedes Will
Agreement of Sale of decedant's estate before Seller's death. Death was before settlement. Clause in Agreement of Sale stipulated agreement superceded all heirs and wills, etc. Automobile accident incacitated Buyer between Agreement of Sale date and Settlement date. Seller dies while Buyer rehabs. Sibbling heirs argue Will valad and Agreement of Sale is void. Buyer (primary care giver of mother aka Seller) argues Agreement of Sale is valid. My question is, although Agreement of Sale was not followed by Settlement due to Buyer becoming incapacitated by automobile accident, does this Agreement of Sale supercede the Will of the decedant Seller, as her wishes are clearly stated in said Agreement of Sale ?
1 Answer from Attorneys
Re: Agreement of Sale supercedes Will
Generally [but not in answer to your situation, which cannot be given without reviewing all of the documents and the full set of facts], if a decedent has entered into an agreement to sell real estate before decedent's death, the agreement must be performed, unless all parties [the buyer and the estate of the decedent] agree that it is canceled.
A person has the absolute right to sell or otherwise dispose of her/his property until death. The will disposes only of property still owned but not under Agreement of Sale at the time of death.
Settlement under a pre-death Agreement of Sale should take place as stated in the Agreement. The person who would take actions required by seller under the Agreement would be the personal representative of the decedent [also known as executor or adminstrator].
Please consult with a lawyer who knows real estate and wills / probate law.
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