Can a Will be written to say that a home is left to remaining siblings but if they die their share goes back to the others?


My husband owns his family home (he does not live there). His brother lives there. He wants to put in his Will that the house is left to his seven brothers and sisters. He wants this house to remain in the family. He does not want any spouse or dependents to get this property. It’s like the last one standing will get the house. Is there any legal way to address this in a Will and assure that if any sibling dies their share reverts to the other siblings (and not their children and spouse)?


Your husband would need to place the home into a trust. You can’t retrieve an asset after you have given it away, so the home has to be kept from all of the siblings. There are huge issues with the fact that he wants to keep the house in trust. One of the most important is that the house has carrying costs. Who is going to pay all of the expenses? Who will have the right to live in the property? What if no one wants to live in the property?

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The estate planning attorneys at the Beliveau Law Group provide legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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