Can you put restrictions in your Will against those whom are named to receive your property?

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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 8 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.


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