If I leave property to one sibling, can I stipulate that if sold the profits must be shared with other siblings?

Asked on October 14, 2013 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, you may: in a will, you may provide for any disposition of property which you like. As a practical matter, this may be difficult to enforce, since if the other siblings do not control the property, they may not be able to "police" what happens and make sure the inheriting sibling does share any profits with them. You may be better off leaving the property to all, but giving one a life estate, or the right to actually live there; you should consult with a trusts and estates attorney to determine the best way to give effect to your intentions or plans.

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