Can a husband put in his Will that his spouse has lifetime rights to their house but if she were to remarry she would no longer be able to live in it?

Asked on August 4, 2014 under Estate Planning, Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the property is jointly held as husband and wife with rights of survivorship then it passes to the wife automatically at the time of the husband's death and she can do with it as she pleases. I assumed it was jointly owned because you used the words "their house." So his wish to control her actions after he dies really have no bearing on her actions.  Good luck.

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