Is this legal to have this in a last will and testament?

Question

My mother is a very superficial and controlling person and seems to think she can control me (43 year old daughter) even after her death.

Anyway, everytime she gets on a plane, she writes a short "will" in a sealed envelope only to be opened after the plane crashes (lol). One day I was cleaning my office, and I had one of these envelopes laying around for a while well after her flight was over. I opened it and was ticked off that she had such nerve. She wishes the money I receive from the sale of her property be used so that my husband and I can buy a house to move out of the town we now live in (middle and lower middle income, hispanic/black and white) and move to one of the towns she listed in her envelope (mostly white, upper middle income).

Is this legal and can it be upheld in a court of law? Would I not get any money if we did not sell our house and move?

Also, if she tried to write this into an official last will and testament with a lawyer, would he laugh at her?

Would we not get any money if we didn't move? I'm not moving anyway, but just wanted to know.

Thank you!

Answer 1

It is legal but wills can be broken but usually not worth the legal expense except for truly wealthy people. Howard Hughs relatives disputed his wealth for decades as did the family of H.L. Hunt in Dallas.

Answer 2

I'm not a lawyer, but I'm pretty sure such ridiculous stipulations are not binding.

Answer 3

Handwritten (holographic) wills can be valid.  Unfortunately, as you point out, persons who try to write wills without the advice of an attorney can make simple mistakes with big results.

Wills can direct the distribution of the estate.  The estate may include money, deposits and investments, real estate, personalty, etc.  The estate does not include orders for how those assets must be treated after distribution.

If you receive any inheritance, you may use the funds to buy a house or a herd of giraffes or thousands of pink flamingos for your yard.

In the meantime, you should not attempt to influence her in the details of her will.  She should consult her attorney.  And, yes, her attorney will get a little chuckle over the wishes for your future living arrangements.