I can see where the capital of a trust is bound by some kind of condition but once property is turned over, isn’t it now owned by the inheritor? I mean, if my some person leaves me 100 acres of land in Florida – don’t I own that and can’t I control that as I need to? Sell or build or turn it into a armadillo farm? I can’t imagine that any will written decades ago – transferring property – can’t be broken now. Why are there no estate attorneys here to give us real information?

@ListForLeslie, property law is filled with a bunch of outdated rules that people still use to restrict who can inherit. For example, a person may be given access to the property throughout their lifetime, but that access reverts to the original owner at time of death or if that person violates a covenant of the deed. Physical possession of the land is not always the same as ownership. While I cannot speak to the specifics of her situation (or any situation, because real property is the worst), a covenant restricting inheritance only to an individual with the family name is likely enforceable if the family executed it correctly. It’s also possible that the deed can be changed to accommodate future generations. In short, no. Just because someone gives you access to a specific property does not always mean you can do whatever you want with it. It all depends on the legal documents tied to the land.

If LW is truly concerned about the inheritance issue, she should consult an story asap. It’s possible her children could inherit without the last name. It’s also possible that giving the children two last names would not be sufficient to satisfy the covenant. In the end, an estate lawyer could not resolve this issue without looking over the actual documents.