Property in a will

If I leave my home to my son in my will, can I stipulate requirements of the property in his will? - Is this your question? Add additional information

Answers (2)

Timothy Clement Burkart

Timothy Clement Burkart

Contributor Level 3
You can't stipulate the provisions of your son's Will, but you can put restrictions on your son's use of the home and who he can leave it to at his death. The easiest way to do this is by having the house pass in trust to your son and specify who the permissable recipients of the house can be when your son passes away.
Bruce Givner

Bruce Givner

Contributor Level 5
If you leave your home outright to your son in your Will, then it is his property. What he then does with it is up to him. If, instead, you leave your home in trust for your son, you can dictate what happens to it after your death, and even after his death. The problem is that you need a trustee - other than your son - to enforce the terms of the trust. For that purpose, if you don't have a relative, friend or professional on whom you can rely, you may need to hire a corporate trustee, e.g., Wilmington Trust; Northern Trust; Deutsche Bank; U.S. Trust. You must consult with a competent estate planning lawyer in your neighborhood to draw up your Will and for advice on how long the trust can last.

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