QUESTION
How can I leave my estate to my boyfriend of twenty years, but not have it go to his children?
Asked on Apr 28th, 2015 on Estate Planning - California
More details to this question:
My boyfriend and I are seniors and are leaving our estates to each other. He wants it that way, but his adult children have taken advantage of him in the past, are drug addicts, and we no longer want to leave them anything. We have a no-contest clause in our both our individual trusts. The estates are worth approximately $2,000,000.00 combined. I'm afraid that if he dies, they will sue and if I die and then when he dies they will get my portion of my estate that was not used as well as his. I'm told there isn't anything that can be done if we leave each other our estates and the contest clause isn't a strong guarantee.
5 ANSWERS
Edwin K. Niles
It's true that anyone can file a contest, just as anyone can file a lawsuit. The real question is whether or not they will be successful; most contests are not. It might help to spell out, in your trusts, why you have disinherited them.
Answered on May 01st, 2015 at 5:42 AM
With that much money involved, it is well worth it to see an estates and trusts attorney to get a better set up. Yes, you can exclude his children and make it very difficult for them to successfully sue. Since your boyfriend lets them take advantage of him, a trust can be set up that limits his access to funds so they can not get much even if he can't take the pressure from them. ?Read through one of the Nolo Press books you can get at the library to know what questions to ask the attorney.
Answered on May 01st, 2015 at 5:42 AM
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
Who is supposed to get the remainder after you're both dead? Consider leaving your estates in trust with an independent trustee. Note that no-contest clauses are worthless if they're not getting anything anyway.
Answered on May 01st, 2015 at 5:36 AM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
I advise you consult your respective lawyers or lawyer and seek an amendment to your trusts that truly disinherits by specifying each individual to disinherit from your estate as well as puts a restriction on your partner's estate; yes No Contest clauses in trusts are a weak prohibition to prevent inheritances from going to specific persons.
Answered on Apr 30th, 2015 at 12:24 PM
2 Awards
Do a trust that states your wishes. If you never want it to reach his kids however, you may have to put some restrictions on the money during his lifetime. You should meet with an estate planning attorney.
Answered on Apr 30th, 2015 at 10:18 AM