What to do if a wife does not want her husband to be able to sell house after her death?

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What to do if a wife does not want her husband to be able to sell house after her death?

An elderly wife doesn’t want husband to sell house after her death in order to ensure he has a home (paid in full) so that he doesn’t end up without protection of a home. Couple is living at poverty level but home paid in full. He doesn’t have common sense about security. How must a Will be written for her part of interest in home?

Asked on April 20, 2012 under Estate Planning, Texas

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 9 years ago | Contributor

If she leaves her ownership interest in the house to her husband in her will, then he can do with it what he wants, she can't stop it.  If she wants to have him live there, but not sell it, then she should leave her interest to someone else, and leave her husband a life estate.  Doesn't mean he will live there, but does mean he can't sell the property.


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