Legal Question in Wills and Trusts in Utah

A Will Question

My wife and I have separate finances, and both have children from first marriages; none between us. We plan to retire from Arizona to Utah and I will buy a house from my personal savings and retirement thrift savings, If my wife outlives me, she would live her life in this house, then it would pass on to my children. I would not want her children to inherit the house. Can I do this, and how?


Asked on 7/15/09, 4:40 pm

3 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: A Will Question

You can do that by use of a trust. I do a lot of trust work. You may call for a free consultation.

Read more
Answered on 7/15/09, 11:13 pm
Joan Bundy Joan Bundy Law

Re: A Will Question

Of course. Whatever the testator wants they shall get, as long as it's legal. You can will the house to whomever you want and you can give the remainder (after the first recipient dies) to whomever you want. If you want to completely disinherit her children, I would advise at least giving them each $1 in the will. Good luck!

Read more
Answered on 7/15/09, 4:47 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: A Will Question

Yes, you can do this. You could accomplish your goals with a well drafted Last Will and Testament, with the provisions you described in your question.

I suggest that a much better way to accomplish your goals, is to create a living trust and put all of your assets into the trust. This way, you and your income and your assets can be protected during your lifetime, you can make changes along the way, if you so desire, and most important, you are protected in the case that you become incapacitated and are unable to manage your own affairs, and you are also better protected in the event that your wife predeceases you or she outlives you, but her children influence and control her so that they interfere with her enjoyment of the house or keep her there when she should be placed in assisted living or some place where she is properly cared for by professionals. I cannot emphasize enough that it is important for you to have put legal authority in place so that the person you select is able to take care of you and your spouse, without interference or undue influence of the children of previous marriages.

Read more
Answered on 7/15/09, 5:25 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Utah