Is it legal to put a clause in a property contract that says ” if i die the property comes back to me”?

I bought a mobile home from sister 2 years ago, she has not signed a contract yet.  Now she wants to sign but in the contract it says ” if i die then the property goes back to her children.” Is this legal?

Asked on June 4, 2009 under Real Estate Law, Indiana


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you paid the money to your sister, with nothing in writing at the time, you have a real problem here, which is proving what the original agreement was back then.  You're saying that this language, about the property going back to her children after your death, is new, but I'd guess if it goes to court, her story will be that you had understood and agreed to that all along.

Is language like that legal?  Yes -- but it makes what you've bought much less valuable.

For reliable advice on what you should do next, you'd need to give all of the facts of your case to an attorney in your area.  I'd recommend that -- it's very easy to make a mistake in something like this, and those mistakes can be very expensive.  One place to find a lawyer who can help you is our website,

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