Legal Question in Wills and Trusts in Texas

Re: property bequeathed sold before death

The will must be filed for probate in each state in which real estate is located. If no real estate, MA.

If the house was sold by a valid POA prior to the death of the testator, then the beneficiary has no claim to the property.

Re: property bequeathed sold before death

1. General Rule is the will should be probated where the deceased last made his or her residence. A certified copy of that porbate proceeding may then be filed in the other jurisdictions where properties are situated so that you don't have to probate the will twice.

2. The answer is dependent on the language of the will. The general rule is that a will effectively transfers a specifically named property only if it is a part of the deceased's estate on date of death. If it is not, but sale proceeds are a part of the deceased's estate, the party named to get the specific property cannot trace through and make a claim for the proceeds. This result can be altered by the language of the will.

3. Another element of question No. 2 is whether or not the transfer of the property by a 3rd person empowered by a POA was legally done. If not, the intended receipient of the specific property which was illegally transferred may have a claim against either, the estate, the person who was acting under the POA, or the purchaser of the property and their title insurance company. This would take some careful research to confirm. If you have questions regarding this response you may call me at 214.352.3169.