How do I leave everything we own 100% to my husband but control what he does with it 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 what you want to do is control what your Husband does with property left to him outright after his death that s difficult to do and generally not valid.  A restraint on alienation that seeks to prohibit the recipient from selling or otherwise transferring interest in real property is generally invalid. In other words, you generally cannot say I leave this to you but at your death you must give it to as you specify in your Will. An agreement to make a Will in a certain manner could MAY also be valid but not the perferred method. However, there are ways to deal with what you desire to accomplish to some extent by using a life estate for real property, trusts or similar methods. For such a Will you need 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.