QUESTION

Is it possible to designate my only child from my first marriage to get everything that I own upon my death?

Asked on Nov 10th, 2016 on Estate Planning - California
More details to this question:
I'm going into my second marriage but have my one and only child from my first marriage. Would it go automatically to the spouse in my second marriage because I'm married? I'd like to ensure that everything goes to my child if I were to die.
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4 ANSWERS

Civil Litigation Attorney serving Ventura, CA at The Law Office of Robert I. Long
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In California you can leave your property (but not your spouse's property!) to whomever you like, even to your cat. You accomplish that by adopting a Will or a Trust, or by other arrangements with the institution holding the asset you want to go to your child; e.g., by beneficiary designation on life insurance or an IRA, or by designating the child as "pay on death" to an account.
Answered on Dec 21st, 2016 at 5:13 PM

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You need to get a trust in place.
Answered on Dec 15th, 2016 at 7:06 AM

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Yes, you can easily prepare a Will that leaves everything to your child, but if you live in a state that has community property laws you spouse get half of the community property. If your assets are greater than his,you should prepare a pre-nup. and be careful to keep your assets separate from his or they can be converted into community property. ?Be sure to tell him what your intentions are, otherwise you will have a bitter living spouse when you die. Remember also that women normally live longer then men and if you segregate your private assets from him, he will likely do the same to you.
Answered on Dec 15th, 2016 at 7:06 AM

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Edwin K. Niles
You definitely need a will (or, if you own real estate, a trust). You should see a lawyer with experience in the estate planning field.
Answered on Dec 15th, 2016 at 7:05 AM

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