Legal Question in Wills and Trusts in Virginia
I am the beneficiary of a trust, interest only plus the use of a house, which then passes, on my death, to our two children. The trust came to me from my mother on her death. Most of the value of the trust is the house. My wife is not a beneficiary. If I predecease my wife, how can I protect her from eviction if the children wish to sell the house to achieve division of the trust value?
Asked on 8/26/10, 7:09 am
1 Answer from Attorneys
Paul B. Ward
Law Offices of Paul B. Ward
Without looking at the trust instrument, my opinion is that you probably cannot prevent your children selling the house upon your death. You have a life estate, and that ends with the end of your life; unless your mother gave you some power to determine through your will what happens to the house after your death, the kids then own it.
Answered on 8/31/10, 10:56 am
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