When I die, how canI make sure that my house stays in my family?

I want to leave my home to my daughter when I die. But I want to make sure that it stays in my family (blood related only) forever. Meaning, I don’t want her husband to get it, or his kids to inherit it, etc. I want it to go to my daughter, her biological children, their biological children, etc. Is there a way of making this happen?

Asked on August 24, 2011 California

Answers:

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

Answered 9 years ago | Contributor

I can see that you feel strongly about this and that yu are thinking ahead.  You should speak with an attorney in your area about creating the possibility of a trust document to achieve your goals here.  But you need to think about something: when trying to control life from the grave, so to speak, you can place a large burden on those that are living without ever meaning to do so.  For example, would those that inherit be permitted to ever sell the house and split the profits?  What if they came in to dire financial straights and could not care for the house?  And remember you are leaving the house to only those of your biological heirs.  What if they need their spouse's income to maintain it? What if their spouses refuse because they can never have any form of ownership in the house? Are you leaving money to maintain the house "forever?"  You need to sort through things here.  Good luck to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.