If My Parents Land Contract Their Home to My Sibling, How is the Property Divided Upon Their Death?

The first fact to understand in such a circumstance is that a person cannot create a Will that distributes property they have already sold.

If a Land Contract is valid and its terms in force, a ‘seller’ can no longer Will that same property to another, as the seller no longer owns said property outright.

At the same time, upon the death of the ‘seller’, the balance due on the Land Contract remains part of the estate assets to be distributed according to the terms of the Will.

So the amount due by the “buyer” needs to be paid per the terms of the Land Contract, and those payments are then distributed to the beneficiaries as outlined in the Will.

There are additional options for settling the estate in such a situation, but to provide those requires a full evaluation and legal advice. For advice specific to any personal legal questions, Standard Legal always recommends you consult an attorney; you can find a local attorney for FREE at Standard Legal’s Attorney Find page.

To easily create a valid Will or Contract for Deed, see Standard Legal’s Last Will and Testament legal forms software page and Standard Legal’s Land Contract legal forms software page.