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

Answers:

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, http://attorneypages.com


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.