[WSBAPT] Will Restriction on Heirs buying house

[Marvin Benson]

Wouldn't a TEDRA get around any such restriction?

Marvin Benson

On Wed, Dec 6, 2017 at 3:54 PM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> I think it would work. It in essence restricts the power of the PR to sell
> the property, by specifying that it can only be sold to someone other than
> an heir. The heirs have no inherent right to inherit or to purchase the
> house.
>
>
>
> In its plainest form the clause could be evaded by, say, an heir forming
> an LLC and using the LLC to purchase the property. But the clause could be
> elaborated sufficiently to prevent that as well.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1417 31st Ave South
>
> Seattle WA  98144-3909
>
> phone 206-625-0092 <(206)%20625-0092>
>
> fax 206-625-9040 <(206)%20625-9040>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] *On Behalf Of *Christina Faucett
> *Sent:* Wednesday, December 06, 2017 1:35 PM
> *To:* wsbapt at lists.wsbarppt.com
> *Subject:* [WSBAPT] Will Restriction on Heirs buying house
>
>
>
> I have a client who asked me if I could put a provision into his will that
> none of his children could buy his home from the estate after he passes
> away. (He wants his children to share equally in the estate, but for a
> personal reason, doesn't want any of them to own the house.) Off the top of
> my head, it seems like such a provision would be unenforceable. Any
> thoughts?
>
>
>
>
> Christina Faucett
>
> Attorney at Law
>
> faucettlegal.com
>
> (206) 650-2420
>
>
>
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