Can a Will be written stating that property not be sold and must stay in the family?

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Can a Will be written stating that property not be sold and must stay in the family?

Asked on July 1, 2011 under Estate Planning, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

What you are trying to do is to control the property from the grave, as they say.  But really many families wish to keep a homestead for the family in  the future.  How the local laws of Virginia deal with that will matter her and so I think that you should speak with an attorney in your area on the matter.  Perhaps consider creating a family trust and placing the property in the trust for the benefit of the entire family.  But remember that you will also have to make sure that there is enough money to care and maintain the property as well (perhaps with an insurance policy on your life with the trust as the beneficiary?).  seek help.  Good luck.  


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