Can inheritance be conditional?
Can inheritance be conditional?
You might be surprised to learn that there's no law controlling whether your inheritance can be contingent upon a condition—it's up to the discretion of the person who leaves it. It's completely legal, though rare, for parents to write a will with a stipulation like "I leave my daughter $100,000 when she graduates from college and gets a job."
It's not uncommon for parents to specify certain conditions in their wills that have to be met in order for their children to inherit. For example, some parents disinherit their children if they do not marry. Others may limit the amount of money their children receive based on the number of times they've been married, or if they died without a spouse. Others set geographic restrictions on where their assets can be spent.
A conditional bequest can also come in the form of a trust, where you receive the money or property as long as you're doing something certain (like taking care of your children or not being convicted of a crime). You'll want to make sure you know what you're getting before you accept it: if the condition is that you take care of your children and one dies while under your care, you could end up on the hook for child support payments. Conditional trusts are also difficult to enforce because they require an executor—a court-appointed person to manage the estate—who is willing to go through with enforcing the terms of the will.
If you have any questions or in need a Will and Estate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
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Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
