Is it possible to leave my home only to my daughter? 62 Answers as of May 30, 2013

if in the will, my husband and I leave my house to my daughter upon our death, can we specify it only to her and not her spouse?

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Geoff Germane, Attorney at Law | Geoff Germane
Yes you can. Inheritances are considered a person's "separate" property and the home would initially belong only to her. If you want to be more certain to keep it from her husband, you should leave it to her in a trust, which must be drafted carefully with this objective in mind. Separate property can become marital property (belonging to both spouses) by the way it is managed as well as by the way it is titled.
Answer Applies to: Utah
Replied: 6/20/2012
Varadi, Hair & Checki, LLC
Varadi, Hair & Checki, LLC | Galen M. Hair
The short answer is yes. You can absolutely specify that property does not go into her spouse's name.
Answer Applies to: Louisiana
Replied: 6/15/2012
Donna J Jackson, Attorney, PC | Donna J. Jackson
You can give your daughter a specific bequest of the house to your daughter and not her spouse. Becare!. Once your daughter gets title to the house, she could deed the house to herself and her husband.
Answer Applies to: Oklahoma
Replied: 5/21/2012
Law Office of Robert J. Slotkin | Robert J. Slotkin
Yes, absolutely. But what she does after that is her business. She may decide to retitle it in her husband's and her names. The only way to prevent that is to leave it in trust for her for a term of years, perhaps to give enough time to make certain the marriage works out.
Answer Applies to: Florida
Replied: 5/18/2012
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Yes.
Answer Applies to: California
Replied: 5/30/2013
    Hodges Law Firm, LLC | Warner Russell Hodges
    Yes, you can leave your house in your will to your daughter, only, and not her and her spouse. When your will is probated, after the period for creditor claims has passed, your executor will sign a deed from him or her as executor of your estate to your daughter and this will be recorded. Only if your daughter later adds her husband's name to the deed, or, if he repeatedly helps pay the mortgage against the house (if there is one), would he gain an interest in the house.
    Answer Applies to: Georgia
    Replied: 5/18/2012
    Salladay Law Office | Lance Salladay
    Yes you can specify that you are leaving your home to your daughter as her sole and separate property- under Idaho law, inherited property is considered separate property, but it is best to make your intentions clear by stating that in a will.
    Answer Applies to: Idaho
    Replied: 5/18/2012
    Martinson & Beason, PC
    Martinson & Beason, PC | Douglas C Martinson II
    You can do that. You can leave your property to anyone you so desire. The only person who you can't completely write out is a spouse, unless you have a Pre-Nuptial Agreement. A spouse can make an election before the Probate Court to have a share of the estate.
    Answer Applies to: Alabama
    Replied: 5/17/2012
    Horn & Johnsen SC
    Horn & Johnsen SC | Dera L. Johnsen-Tracy
    In Wisconsin, property acquired through inheritance is presumed to be that person's individual (i.e., separate) property. However, after the property is acquired, it can lose its character as individual property. For example, if your daughter later signs a new deed naming her husband as a joint owner, or if she takes out a mortgage on the property and then makes mortgage payments with marital income, the home would generally be presumed to have become marital property. A better option may be to establish a divorce protection trust for your daughter within your estate planning documents, rather than an outright distribution. There are always exceptions to the general rules. It is advisable to consult with a Wisconsin estate planning attorney regarding your specific circumstances.
    Answer Applies to: Wisconsin
    Replied: 5/17/2012
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    Yes, you can leave your home to just your daughter. As inherited property it will not be considered "marital" property in the event of a subsequent divorce.
    Answer Applies to: Missouri
    Replied: 5/17/2012
    Law Offices of Maxwell Charles Livingston
    Law Offices of Maxwell Charles Livingston | Maxwell C Livingston
    Yes, you may.
    Answer Applies to: Wisconsin
    Replied: 5/30/2013
    Alvin Lundgren | Alvin Lundgren
    Absolutely you can leave to only your daughter. You should consider using a trust to transfer property.
    Answer Applies to: Utah
    Replied: 5/17/2012
    The Gardner Law Firm, PLC | Brandon Gardner
    You could reserve the right for your family to own the property if you specify in your will that the property is to be deeded to your daughter but in the event that she dies and leaves no heir, the property is to be deeded to a member of your family. In real estate law, this is called a reversion. This is could be a rather complicated scenario because of a potential issue with the "rule of perpetuity." This is a rather complex rule which you should discuss in more detail with an attorney. If you simply deed the property to your daughter, it could be considered part of the marital estate unless she keeps it separate. So, for example, she would not be able to live in the property with the family.
    Answer Applies to: Michigan
    Replied: 5/17/2012
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Yes, that is certainly possible, but she can then transfer it to him. By using a simple Will with an outright distribution to her you are not able to control how she holds title. If you were to use a trust you can avoid giving her the ability to add her husband to title. These are matters that may be addressed in an estate planning consultation.
    Answer Applies to: Nevada
    Replied: 5/17/2012
    Hamblin Law Office | Sally Hamblin
    Yes you can but she has the right to put the house in her name and her husbands name. It sounds like you have ill feelings toward the husband. You can eliminate anyone you want in a will but the person can do what they want once the property becomes theirs. If you have more than one child, you can leave the house to all children. If they sell the house each would get their share.
    Answer Applies to: Michigan
    Replied: 5/17/2012
    Claire Lindsay | Claire Lindsay
    Yes you can leave it to your daughter upon both of your deaths. Depending on which state she lives in inheritance is considered separate property. In Texas her inheritance would be her separate property. Despite the classification of the property, you can exclude her husband.
    Answer Applies to: Texas
    Replied: 5/17/2012
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Assuming that you and your husband own the house jointly, at the death of one of you, full title to the house will pass automatically to the surviving spouse. That person can then leave the house to whomever he or she wishes If you own it as tenants in common, each spouse can designate an heir to his or her share of the property, although one usually leaves it to the other spouse. Your daughter can be designated as sole heir to the property and the language in your will should indicate that the bequest applies to her only. If you wish to prevent your daughter from sharing or transferring the property to her husband or her husband's creditors from attaching the property, talk to an attorney.
    Answer Applies to: Nebraska
    Replied: 5/17/2012
    The Law Office of Eric J Smith
    The Law Office of Eric J Smith | Eric Smith
    Yes. You can will a house specifically to your daughter. Inheritance during marriage is separate property.
    Answer Applies to: Texas
    Replied: 5/17/2012
    Law Offices of Gerald A. Bagazinski
    Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
    Yes. Your daughter could put her husband on the house after she obtains ownership. If she commingles the asset with her husband it could become a marital asset in the event of a divorce. In Michigan, if she alone keeps her name on the house, he would not be entitled to Curtsey. He would however be her heir. A trust can be utilized to hold the house for the benefit of your daughter. Consideration should be given to what happens if your daughter predeceases you.
    Answer Applies to: Michigan
    Replied: 5/17/2012
    Robert Suhajda
    Robert Suhajda | Robert Suhajda
    Yes but she may transmute it.
    Answer Applies to: California
    Replied: 5/17/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Yes as to both questions. Be very clear in your will you are leaving your house to your daughter.
    Answer Applies to: California
    Replied: 5/17/2012
    Richard J Kaplan, PA
    Richard J Kaplan, PA | Richard J Kaplan
    Yes. Also, there is nothing that automatically provides that your son-in-law is entitled to anything from you unless you provide for it. However, if your daughter inherits the property it is then possible for her husband to obtain a benefit from it.
    Answer Applies to: Florida
    Replied: 5/17/2012
    Mike Yeksavich | Mike Yeksavich
    Your husband and you can leave the house solely to your daughter. Discuss this with the attorney that will assist you in drafting the will.
    Answer Applies to: Oklahoma
    Replied: 5/17/2012
    Danville Law Group | Scott Jordan
    Yes, you can leave it to your daughter alone.
    Answer Applies to: California
    Replied: 5/17/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    In Arizona, inheritance generally does not include a spouse unless it is specifically designated that way. If you leave your home to your daughter, it would be considered her sole and separate property unless she were to take steps to add her husband's name to the deed for the property.
    Answer Applies to: Arizona
    Replied: 5/17/2012
    Law Offices of Frances Headley | Frances Headley
    Yes, inherited gifts are the separate property of the beneficiary and a spouse has no interest unless the beneficiary creates one.
    Answer Applies to: California
    Replied: 5/17/2012
    Law Offices of Pamela R. Lawson | Pamela R. Lawson, Esq.
    Yes you can leave the home to her alone and not her spouse. However, if, after you both pass, she can give him an interest in the house by putting his name on the deed. There are several ways to "control" the title, i.e. leaving her a "life estate" in the property with the remainder going to her children, or a charity or the like. You could make the gift of the home conditional in that she not transfer and interest in the property to her spouse, or you could leave it in a trust with a trustee; there are several choices if the son in law is a concern.
    Answer Applies to: Nevada
    Replied: 5/17/2012
    THE HUBBARD LAW FIRM, P.C.
    THE HUBBARD LAW FIRM, P.C. | Donald B. Lawrence, Jr.
    There are a number of ways to do this. A will can direct it to her alone. Once title vests in her, she can keep it in her name or sell it. As long as she keeps it or the proceeds as her separate property, he would have no claim on it. You could leave it in trust for her and have her be the successor trustee for her benefit and make provision that she could not add his name to the title or share in the proceeds of the sale of the property with a forfeiture provision if she violated the terms of the trust by adding him. It is also possible that you can convey the property to her now but reserve the right to transfer it to someone else, to mortgage it and for you to use it for your own benefit during your lifetime. In order to give you good advice, an attorney would have to understand your concerns and then adapt the advice to those circumstances. You should also discuss your concerns with her. If she does not have the same concerns about her spouse, that will be important to what you might want to do to protect her interests. You will definitely need assistance of an attorney on this.
    Answer Applies to: Michigan
    Replied: 5/17/2012
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    Yes. Under Missouri law, you can leave your home just to your daughter by beneficiary deed, will or trust. Upon both you and your husband dying, when your daughter inherits the property, this is considered to be non-marital property. The home only becomes marital property if your daughter puts it in joint names with her husband. If your daughter predeceases both of you, you can leave it to her children, your grandchildren. If the grandchildren are minors, your best estate plan is usually a trust.
    Answer Applies to: Missouri
    Replied: 5/17/2012
    DOUGLAS A. TULL, P.C.
    DOUGLAS A. TULL, P.C. | Douglas A. Tull
    The short answer is that you can leave your house to your daughter, only, in your Will. Assuming she survives you, she would take title after the house goes through probate (a "will" does not avoid "probate"). What your daughter did with the house after that, would be up to her - and so you could not control whether or not she conveyed it subsequently to herself and her spouse.
    Answer Applies to: Michigan
    Replied: 5/17/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, by having a proper will or document drafted. However the question speaks of other issues. You should contact a lawyer and explain your intentions and the reasons for the fully to accomplish your goals in the best manner possible.
    Answer Applies to: Michigan
    Replied: 5/17/2012
    Law Office of Timothy Jones | Timothy Jones
    Yes! Gifts, including gifts left in wills, are not community property, meaning that you can leave them only to your daughter, and not your daughter's spouse.
    Answer Applies to: Idaho
    Replied: 5/17/2012
    Barlow Flake LLP
    Barlow Flake LLP | Jonathan W. Barlow
    Yes, you can leave your home to only your daughter. With properly drafted, signed, and witnessed estate plan documents, such as a will or revocable living trust, you can leave your property to whomever you want to receive it. There is no legal requirement that you treat your children equally. Depending on your particular circumstances and other assets, a revocable living trust is likely a better estate plan document than a normal, simple will to transfer your house after you die.
    Answer Applies to: Nevada
    Replied: 5/17/2012
    Harville-Stein Law Offices, LLC
    Harville-Stein Law Offices, LLC | Dean D. Stein
    Sure. You can leave your stuff, with little exception, to whomever you wish. Keep in mind, that if you own the house Joint with Right of Survivorship with your spouse, no matter what your will says, the house will go to the surviving spouse. When the survivor of the two of you passes, assuming they don't change the deed during their life, then the house will pass according to their will, and if the last to die of the spouses leaves the house to one child, or to one best friend, or equally to all the children, or to two grandchildren (you get the idea), then that is how the house will go upon probate of the will subject to claims against the house, like a mortgage, or to claims against the estate. If you do leave it to your daughter, then, keep in mind, if something happens to her, it may then belong to her husband, in part or in full.
    Answer Applies to: Alabama
    Replied: 5/16/2012
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Yes, you can. However, if your daughter and her husband live in Oregon, and although Oregon is not a community property state, spouses do have certain rights by law in property owned by the other spouse. You could consider (and this would have to be carefully thought through) leaving the house to her in trust, with special directions to the trustee to avoid any benefit to her spouse.
    Answer Applies to: Oregon
    Replied: 5/16/2012
    Howes & Anderson, P.C.
    Howes & Anderson, P.C. | Ronald Anderson
    Absolutely you can leave the house only to your daughter. You just need to be specific and clear in the language of your Will so that your intent is carried out by your Executor.
    Answer Applies to: Iowa
    Replied: 5/16/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Yes. Do not include her spouse. Your daughter gets everything from you Iowa Inheritance tax free, but your son-in-law would have to pay Iowa Inheritance tax on anything he gets from you a non-blood relative.
    Answer Applies to: Iowa
    Replied: 5/16/2012
    Pingelton Law Firm | Dan Pingelton
    Of course. A lawyer will be able to help you with that.
    Answer Applies to: Missouri
    Replied: 5/16/2012
    Gates' Law, PLLC | Thomas E. Gates
    Yes, it is treated as Personal Property and she may title the property in her name alone. However, if she uses communal funds to pay for the property tax, insurance, upkeep, etc.; over time the property could be considered joint property. An attorney should be consulted to discuss community property rights in Washington and help you clearly understand your rights so that your wishes, as defined in the Will, will be honored.
    Answer Applies to: Washington
    Replied: 5/16/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes, the child's spouse is not entilted to anything.
    Answer Applies to: Michigan
    Replied: 5/16/2012
    Olson Law Firm | Edward M Olson
    It is customary to leave property to your children only (not their spouses) and then to your grandchildren (and not their spouses). So, yes, you can specify only her and not her spouse in your will.
    Answer Applies to: Michigan
    Replied: 5/16/2012
    Whiteford, Taylor, & Preston | Edwin Fee
    Yes. But if you simply leave the house to your daughter outright, she could give the house to her husband during her life or at her death. If you want to prevent this, you could consider leaving the house in trust or in a life estate for your daughter. Upon your daughter's death, the house could pass to someone other than her husband.
    Answer Applies to: Maryland
    Replied: 5/16/2012
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    Yes. It would be even more protective to put in trust for her benefit.
    Answer Applies to: Oregon
    Replied: 5/16/2012
    Shutt Law Firm, PLLC
    Shutt Law Firm, PLLC | Isaac Shutt
    Yes, you can. In fact, if you leave a gift to anyone in your will, the gift goes only to that person, unless you specify otherwise. The will would have to give the gift to your daughter AND her spouse for the spouse to get part of the gift. I'm sure there is some confusion because Texas is a community property state. However, by default, property acquired by inheritance is separate property, not community property. Note that if your daughter's husband dies after your daughter, he could end up inheriting the property through your daughter's estate.
    Answer Applies to: Texas
    Replied: 5/16/2012
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    Yes, you can leave it only to you daughter and not her spouse; however, you should carefully consider whether this is a good idea. It can create friction between the spouse and the rest of your family.
    Answer Applies to: Oregon
    Replied: 5/16/2012
    Abom & Kutulakis, L.L.P,.
    Abom & Kutulakis, L.L.P,. | Jason P. Kutulakis
    You should consult with and retain an attorney familiar with estate planning. There are many options to accomplish your goal. A living trust or inter vivos gift or transfer via Will are a few.
    Answer Applies to: Pennsylvania
    Replied: 5/16/2012
    Benjamin D Gordon, Attorney at Law
    Benjamin D Gordon, Attorney at Law | Benjamin D Gordon
    Absolutely. You can leave property to whomever you wish. If you leave it to her outright, she will then have the ability to give a portion (or all) of it to her husband, if she so desires, however. She could do so either via a deed while she is alive, or via a will of her own on her death. If you want to prevent him from ever owning an interest in the property, you may do so via a trust that allows your daughter the use of the property during her life and then conveys it to somone else (your grandchildren, perhaps) on her death.
    Answer Applies to: Utah
    Replied: 5/16/2012
    Martin Barnes - Attorney at Law
    Martin Barnes - Attorney at Law | Martin Barnes
    There are ways to restrict the devise of your home. You will want to talk to an Indiana attorney who will then need to gather additional information about your circumstances and your wishes.
    Answer Applies to: Indiana
    Replied: 5/16/2012
    Gordon F. Gault PC | Gordon F Gault
    You can specify only your daughter. However, upon your daughter's death it might go to her spouse. If you wanted to be sure that did not happen you would have to have a trust or a deed that gave your daughter a life estate and named a beneficiary upon your daughter's death.
    Answer Applies to: Illinois
    Replied: 5/16/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    Yes. However, once she receives it, she can change the ownership name to include his. Since she inherits it, it can be disposed in her Will to another family member if she never allows him to share ownership.
    Answer Applies to: Georgia
    Replied: 5/16/2012
    Poole & Poole, P.A. | Wesley R. Poole
    Yes, absolutely you can.
    Answer Applies to: Florida
    Replied: 5/16/2012
    SmartWills
    SmartWills | Scott Pesetsky
    As a general rule, property you inherit is your separate property (not jointly-owned), unless the gift specifically states that it is to be jointly owned. If you are concerned, consider giving it to her in trust. A trust would also avoid probate for the house.
    Answer Applies to: California
    Replied: 5/16/2012
    Clos, Russell & Wirth, P.C. | Charles E. Clos
    Yes.
    Answer Applies to: Michigan
    Replied: 5/30/2013
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    Yes. However, if you give it to her outright, she can later give her husband an interest. Put it in a trust and make her the trustee with the beneficiaries being her children. So even if she sells it, the kids get the money, not the husband.
    Answer Applies to: New Jersey
    Replied: 5/16/2012
    Quitmeier Law Firm, P.C.
    Quitmeier Law Firm, P.C. | William M. Quitmeier
    Rather than in your will, you can simplify the process by preparing a beneficiary deed that transfers the house on the second of you to die directly and only to your daughter without the burdens of probate court.
    Answer Applies to: Missouri
    Replied: 5/16/2012
    Mesinschi Law Offices
    Mesinschi Law Offices | Denis-Andrei Mesinschi
    Generally a Will is not the best way to do this - particularly if the home becomes the marital home where they both live. To protect the property from any spousal claims, a Trust would actually be the best instrument to hold the property.
    Answer Applies to: New Hampshire
    Replied: 5/16/2012
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    Yes.
    Answer Applies to: Michigan
    Replied: 5/30/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    You can and may want to in order to impress on her that it is only her house. However if you are in a community property state, any property received by inheritance is the recipient's separate property anyway and the spouse has no rights in that property. However, that would not prevent her from destroying the separate nature of the inheritance by being talked into placing the spouses name on the title at a later date. There are ways to prevent this, and if this is a real concern, it would be worth consulting with an estate planning attorney.
    Answer Applies to: California
    Replied: 5/16/2012
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    Yes.
    Answer Applies to: Georgia
    Replied: 5/30/2013
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    Sure. But if you leave it outright to her in your Will then once she takes distribution she can do with it what she wishes, including adding her husband to title or leaving it to her husband by Will or Trust. If you want to leave it to her in a more restricted fashion, you might want to consider setting up a trust for her benefit instead.
    Answer Applies to: Illinois
    Replied: 5/16/2012
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