Legal Question in Wills and Trusts in California

A parent wants to will her vacation home to her two daughters after her death. She wants the property to "stay" in the family and is writing a restriction in the will that whatever daughter "forces" the sale of the property will only be entitled to "one dollar" from the sale.

Is this enforceable?


Asked on 11/14/16, 4:47 pm

1 Answer from Attorneys

Something like that can probably be made enforceable but it is really the hard way to go about dealing with that issue, and it has tax disadvantages. Using a trust, or maybe a life estate would be a far simpler way to assure the property stays in the family, and the trust can be used to minimize taxes an avoid probate as well.

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Answered on 11/15/16, 10:58 am


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