QUESTION
Can I leave everything to my daughter and let her give him his half without her being involved with my trust?
Asked on Jun 25th, 2015 on Estate Planning - California
More details to this question:
I don't want any of my money going to my daughter-in-law and her daughter. If my son dies, can the money be reversed back to my daughter?
7 ANSWERS
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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Yes, you can leave half to your son with his share going to your daughter if he fails to survive you for a set period, such as 30 days. If you already have a trust, it probably already provides for his share to go to your son's children if your son fails to survive you, and if he has no children then it goes to your other children, not to the daughter-in-law. If not, you should have a will drawn up to express your wishes or, if you already have a will or a trust, they should be amended if they do not already provide what you have indicated are your wishes. Has he adopted his wife's daughter? If so, your will should specifically disinherit the step-granddaughter, otherwise she would likely be able to claim an intestate share as a pretermitted heir. The drafting attorney can explain that to you.
Answered on Jun 30th, 2015 at 3:50 PM
Sure, you can set up a trust with that wording, but once the trust pays any money to your son, there is nothing you can do to prevent him from sharing it with his wife and child. Also, do not put such a burden on him that he must choose between you and his own wife, as that means he will be in trouble with one or both of you. Speak to an attorney who creates trusts to see what language can be used.
Answered on Jun 26th, 2015 at 1:38 PM
Edwin K. Niles
You can do whatever you wish. See your lawyer.
Answered on Jun 25th, 2015 at 6:11 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Yes, you can set up an estate plan to do what you describe. However, spouses have a tendency to share with one another. You cannot stop your son from taking what he gets during his lifetime and sharing it with his spouse. One solution is to set up a trust that periodically pays him a fraction of the inheritance. Someone other than your son would have to manage the trust as long as your son is living.??
Answered on Jun 25th, 2015 at 5:12 PM
Yes, your trust can have your son as a beneficiary, but if he dies before you, the gift can automatically revert to your daughter. If you already have a trust only an amendment would be needed.
Answered on Jun 25th, 2015 at 2:03 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Don't try it; you will cause lots of litigation between your family members, and cause the will/trust to fail.
Answered on Jun 25th, 2015 at 2:01 PM
2 Awards
Yes but don't do it without an attorney if you want to avoid your son contesting the trust.
Answered on Jun 25th, 2015 at 1:59 PM