Legal Question in Wills and Trusts in Texas

Can I state in my will that the property I leave to my grandson can never be sold?

Asked on 7/12/17, 10:31 am

1 Answer from Attorneys

David Leon David L. Leon, P.C.

Sort of, though it's usually a very bad idea. You can leave the child a "life estate" which grants the child occupancy rights for life, no ability to sell, mortgage or encumber the title, and upon the child's death, the property goes to whomever you select. You can also set up a trust.

The problem is that the child may get ill, need money, or not have the funds to maintain the property or pay property taxes. (A trust can cover this, but it can get pricey and cumbersome) Also, the neighborhood may decline, or get rezoned, or the city may condemn the area. The child may get employment in another city or state, or get married or simply want a house elsewhere.

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Answered on 7/12/17, 10:44 am

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