In Texas, the person in charge of your estate can sell the family farm to a total stranger even if your will explicitly says not to do it.
SSRN · March 13, 2026 · 6174462
Why it matters
A legal loophole known as the 'Power of Sale' allows executors to prioritize administrative convenience over the specific instructions in a will. This allows fiduciaries to sell generational land to third parties, and the law often protects the new buyer's title even if the family was granted a 'right of first refusal' by the deceased.
From the abstract
<p><span>Agricultural estates face unique challenges due to the critical role of real property in preserving agricultural operations across generations.</span><span> </span></p> <p>This paper explores the limitations of relatively-common estate planning tools in the agricultural context, particularly Rights of First Refusal and Options to Purchase, and the detrimental outcomes which can occur when those tools are implemented under current provisions of Texas law.</p> <p>One particularly destruct