Is it possible to leave my home only to my daughter?

Question

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?

James E. Reed · Answer

Yes.

Charles E. Clos · Answer

Yes.

Maxwell Livingston · Answer

Yes, you may.

Geoffrey Germane · Answer

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.

Galen Hair · Answer

The short answer is yes.  You can absolutely specify that property does  not go into her spouse's name.

Donna Jackson · Answer

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.

Robert Slotkin · Answer

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.

Dera Johnsen-Tracy · Answer

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.

Edward Armstrong · Answer

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.

Brandon Gardner · Answer

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.

Dara J. Goldsmith · Answer

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.

Jayne Sebby · Answer

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.

Gerald Bagazinski · Answer

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.

Eric Smith · Answer

Yes. You can will a house specifically to your daughter. Inheritance during marriage is separate property.

Robert Suhajda · Answer

Yes but she may transmute it.

Victor Waid · Answer

Yes as to both questions. Be very clear in your will  you are leaving your house to your daughter.

Richard Kaplan · Answer

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.

Michael Yeksavich · Answer

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.

Monica H. Donaldson Stewart · Answer

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.

Frances Headley · Answer

Yes, inherited gifts are the separate property of the beneficiary and a spouse has no interest unless the beneficiary creates one.

Pamela Lawson · Answer

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.

Donald B. Lawrence · Answer

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.

Richard Keyes · Answer

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.

Douglas Tull · Answer

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.

Timothy Jones · Answer

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.

Jonathan W. Barlow · Answer

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.

John Brennan · Answer

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.

Brian Haggerty · Answer

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.

Ronald Anderson · Answer

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.

Thomas Edward Gates · Answer

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.

Daniel J. Pingelton · Answer

Of course. A lawyer will be able to help you with that.

Edwin Fee · Answer

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.

Leonard A. Kaanta · Answer

Yes, the child's spouse is not entilted to anything.

Edward Olson · Answer

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.

Darin Christensen · Answer

Yes.  It would be even more protective to put in trust for her benefit.

Isaac Shutt · Answer

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.

Jason P. Kutulakis · Answer

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.

William Quitmeier · Answer

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.

Benjamin Gordon · Answer

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.

James Oberholtzer · Answer

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.

Wesley Poole · Answer

Yes, absolutely you can.

Jeffrey Gottlieb · Answer

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.

Scott Pesetsky · Answer

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.

Denis-Andrei Mesinschi · Answer

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.

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