If I leave my house to my son, can I prevent his future spouse from inheriting the property?
Is there any form that can be used to waive a spouse's rights to property? Specifically a deed.
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I see, so you obtained this property wholly and by yourself. That said, you cannot use your “dead hand” to control what happens to the property once you have passed away. Forgive me, that is the legal term, not my own. Once and if your property is transferred to your son or whomever you name as your heir, that heir is free to do with that property as they see fit.
What you can potentially do is transfer the property into trust, and have a trustee control that property on behalf of your son, with a stipulation that the property cannot be transferred to anyone who is an in-law but could only be managed on behalf of your son and his life. Beyond that, you cannot control the process, sorry about that.
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Is there any form that can be used to waive a spouse's rights to property? Specifically a deed.
Lexi, Chatbot
I understand you're looking for a form to waive a spouse's rights to property. Have you already discussed this with your spouse?
I own the family home from my parents and would like to ensure that in case of any divorce, my daughter-in-law will not be able to use the house as joint property when I leave the house to my son.
Lexi, Chatbot
Are you looking to waive your spouse's rights to property in the event of a divorce or for another reason?
Yes.
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with property rights.
No, thanks.
Isaac
Thank you for your question. Please permit me to assist you with your concerns. My name is Isaac and I am a licensed attorney that has been answering questions on AskaLawyer since May of 2009. I am happy to help with your concerns. Please allow me a moment to review your question and to compose a reply or ask you questions to best understand your unique situation. I am sorry that you find yourself in this situation. I will help as much as I can. One moment while I type up my response.
Isaac
Hello,
Two questions if I may. From your facts it appears that you want to limit the ability of your potential in-law to obtain an interest in the property. Is that correct? Do you currently own the property or is the property in trust, and in what state is the property located in, please?
I'm in Hawaii. I own 50% of the property and the other 50% is in trust. When I was put on with a quick claim many years ago, there was a stipulation on the bottom that my husband signed to waive his rights to the property.
Isaac
Good day, here is the answer to your concern. Please do not hesitate to continue to engage with me and to ask any follow up questions related to this response and know that I will respond as soon as I can.
Isaac
I see, so you obtained this property wholly and by yourself. That said, you cannot use your “dead hand” to control what happens to the property once you have passed away. Forgive me, that is the legal term, not my own. Once and if your property is transferred to your son or whomever you name as your heir, that heir is free to do with that property as they see fit.
What you can potentially do is transfer the property into trust, and have a trustee control that property on behalf of your son, with a stipulation that the property cannot be transferred to anyone who is an in-law but could only be managed on behalf of your son and his life. Beyond that, you cannot control the process, sorry about that.
Thank you for the explanation. No further questions.
Isaac
My pleasure and glad to help! Please let me know if you have any additional questions about this issue for me today. You are most welcome and glad to help! I hope that I was able to answer your questions in full. Please let me know if I can help clarify anything else.
Isaac
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