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Can a will say what happens to property after the inheritor dies?

Dad wants to leave me his house but then make sure it goes to his grandson after I die, is there a way for him to do this or is it better for me to create a will leaving the house to my son?
Status: Open    Jan 02, 2016 - 06:02 AM

Elder Law

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6 answers

Expert Answers

Jan 12, 2016 - 08:43 AM

Your father can set up a simple trust in his will which would control both the life estate for you and the remainder for his grandson.

Jan 12, 2016 - 01:06 PM

Dad can leave the house in trust for you with instructions that upon your death it will pass to your son. This would guarantee that it will happen.

Jan 13, 2016 - 02:12 PM

If the home goes to someone after you die, dad should leave it to you and you would then leave it to the grandson.There is no guarantee that you have to leave to someone after you receive it, however. The only way to guarantee such would be perhaps outing it in a trust with restrictions on you, and then leaving it to the grandson.


Jan 13, 2016 - 02:16 PM

He can express his wishes about what he would like for you to do with the property, but the only way to guarantee his wishes are fulfilled is to place the property into a trust. The trust may afford you with other benefits, such as protection from your creditors (which would include a divorcing spouse).

Jan 20, 2016 - 08:15 AM

As the other answers state, a trust is the best way to accomplish his wishes. Another way would be to leave the house to the grandson subject to a life estate held by you. That would essentially mean the grandson is the owner of the property but you would have a lease to live there that was paid-up for the rest of your life. You could even live somewhere else and rent the house and collect the rent.
It sounds like this would require a new will so I would strongly suggest you go the trust route. The only reason to use the life estate option would be because he absolutely cannot afford to do a trust. A trust should not be that much more but will likely cost more than a just a will.

Jan 26, 2016 - 10:55 AM

There is a way to do this if he leaves the house to grandson but reserves a life estate for you that grants you the right to live in the house until you die. It is probably better if he just leaves it to you and then you can either will it to your son or sign a beneficiary deed that gives it to your son after you die without having to go through probate.
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