Ogden, UT asked in Estate Planning for Utah

Q: My mother wants to block her husband from any inheritance. Can she sign a will giving me the house ?

The husband might even be willing to sign an Affidavit giving her son the inheritance?

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1 Lawyer Answer
Wesley Winsor
Wesley Winsor
  • Estate Planning Lawyer
  • Saint George, UT
  • Licensed in Utah

A: Hello,

The best thing to do would be to talk with an attorney. By statute, you cannot disinherit your spouse without their permission. I would encourage your mother to get a post-nuptial agreement and then engage in estate planning. I would normally recommend that she set up a trust so that she can live in the house or direct its use while she is living and then after her death it would be distributed to whom she desired. Every situation is different though, so that's why I recommend hiring an attorney to talk over the ins and outs of the situation.

I hope this helps.


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