Can someone tell another what to do with a will?
Okay, so I’ve been meaning to talk to my grandfather about his will. I live on the land he owns, and he’s leaving the land to his wife (dont call her my grand mother). My question is,in his will, can he tell her to pass the land down to me when she passes? Or does he not have any say in it once it’s in her hands?
I know it sounds harsh, but I’ve grown up on the piece of land and been here for 23 years and I don’t want it to get into the hands of her druggie kids and grand children to get sold off. It’s in a nice area and I really do enjoy it here and would love to build my own house here one day. My brother has asked him about it before and my grand father has said “well you’re gonna have to take that up with her”. Thank you in advance.
- zipperLv 63 weeks ago
YES he can, but she does not have to honor it in ten years. Talk to an attorney about this issue not us!
- 3 weeks ago
A Will is a LEGAL document. You can discuss anything you want with your grand father, however, in the end - this is his decision not yours.
- SlumlordLv 73 weeks ago
Once he passes away, if he gives the land to her, then its completely up to her what she does with the land. There are ways around this, for him to set up a life estate which essentially gives her use of the land until she dies and then it passes to the remainderman, ie whoever is listed as getting the land after she dies. Bariing some changes in his will to that effect, it is her decision.
- curtisports2Lv 73 weeks ago
The way for him to do this is to leave her, via his will, a life estate in the property, with you as the remainderman. She may live on the property, is responsible for paying taxes, insurance and maintaining it, can rent it out and collect rents, for as long as she lives. What she cannot do is sell the property or encumber it with debt (no refinance, no second mortgages, home equity loans/lines of credit), without your permission. Upon her death, full ownership passes to the remainderman, you.
This can also be done via a trust.
He must create a life estate with the help of a good attorney that knows estate law. He can't just say he wants the house to go to you after her death; that will not get it done.
- How do you think about the answers? You can sign in to vote the answer.
- Casey YLv 73 weeks ago
Once she owns it...it is her choice what to do with it. If he wants you to own it in the long run, he could find a way to structure the ownership in a trust or something similar.
Druggie kids and grandkids will probably end up with the property...
As soon as he dies and the property transfers...she could gift the property to Scientology if she decided to become a Scientologist...nothing you could do about it.
- EvaLv 73 weeks ago
Rather than leaving it to her, he could leave it to you with the provision that she has "life estate". That means she can live on the property until she dies, but then it goes to you. Her children would have no claim on it.
- Beverly SLv 73 weeks ago
If he leaves it to her in his will she owns it and can leave it to whoever she wants to. He cannot tell her how to do his own will. He can however leave it to both of you. If he did that you would both have to agree on what to do with it.. Neither of you can sell it or keep it without the other agreeing..
- Anonymous3 weeks ago
It's not your land and your grandfather doesn't intend for it to be your land.
He's point-blank told you he's giving the land to his wife and that what happens to it after that is up to her. It would be horribly rude of you to try to tell him that you don't like his estate plan.
No one owes you their land and you've been told you aren't going to get it. I suggest you plan accordingly.
You're free to offer to BUY the land from your grandfather or later from his wife, but they aren't obligated to sell it to you. Why not buy something else?
- John AldenLv 73 weeks ago
If it is left to her, he will have no say. It needs to be put in a trust for you with the stipulation she can live there for x # of years.
- Anonymous3 weeks ago
It all depends how it's worded in his will. He really should consult with an attorney because what he thinks his will says may not be the way a court interprets it. If he just flats out leaves it to her on his death, it's her land from there on.