How can I ensure my husband inherits everything but follow my wishes after his death?

Full question:

How do I leave everything we own 100% to my husband but after his death I want my wishes to be done. What do I need to do to make this happen?

Answer:

If you want to leave everything to your husband but control what happens to it after his death, that can be challenging. Generally, you cannot impose restrictions on how he handles the property once it is left to him outright. For instance, you cannot say, 'I leave this to you, but you must give it to someone else as I specify in my Will.' While you might create an agreement to make a Will in a certain way, this is not the preferred method.

However, there are some ways to achieve your goals. You could consider using a life estate for real property or establishing a trust. These methods can help you manage how your assets are handled after your husband's passing.

For specific guidance on creating a Will that meets your needs, it's essential to consult an attorney.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A life estate is a legal arrangement where one person, known as the life tenant, has the right to use and benefit from a property during their lifetime. After their death, the property passes to another designated person, called the remainderman. This allows you to control who inherits the property after your husband's death, while still allowing him to live in or use the property while he is alive.