Can you put restrictions in your Will against those whom are named to receive your property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can you put restrictions in your Will against those whom are named to receive your property?
Restrictions such as not being able to sell your home? If you wanted your home to stay in the family and not be sold, can you restrict someone from allowing this to take place?
Asked on April 15, 2013 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
What you are trying to do is a bit of estate planning which is really smart these days. Generally speaking, yes, you can limit the use of the property you are bequesting to others but there may be a more effective way to do this thank by Last Will and Testament. You may wish to create a "family trust" and place the property inside the trust. I would speak with an attorney in your area on the matter. Good luck.
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.