Legal Question in Wills and Trusts in California
Is it possible to stipulate in your will a clause that prohibits a certain person or persons from buying your property, once it is left to a surviving relative? Minnette [email protected]
Asked on 10/27/11, 2:42 pm
2 Answers from Attorneys
Yes, but who would enforce it? Those kinds of restrictive covenants are notoriously hard to craft in a way that they are effective. It's much easier if you use a trust, but even then you have to trust the trustee, and of course it doesn't work for most personal items.
Answered on 10/27/11, 4:17 pm
George Shers
Law Offices of Georges H. Shers
It is difficult, but you could leave the relative a life estate in the property and then it goes to another relative you name who has keep it for x years. By that time, 30-40 years should have passed and the person you do not want to get the property will likely be dead.
Answered on 10/27/11, 7:07 pm
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