QUESTION

If you have 2 adult children and 1 minor child, how can you bequeath everything to the minor?

Asked on Aug 15th, 2012 on Wills and Probate - South Carolina
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South Carolina
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1 ANSWER

Labor and Employment Attorney serving Westmont, NJ
1 Award
The most important thing to do is talk with a lawyer in your area that prepares Wills & Trusts, and hire him or her to properly advise you.  Moreover, since your question raises complex issues relating to legal capacity, and ownership of property, you should engage an attorney to prepare and oversee the proper execution of the instruments used to create the devise effectively, and efficiently.  Most typically, one would create a trust for the benefit of the minor. The trust could be inter vivos, or testamentary. Trust are complex, and under SC law governed under the SC Uniform Trust Code. However, the SC laws also allow for gifts to minors under the Uniform Gifts to Minors Act, which may be a useful tool to consider. This statement should not be construed as creating in any way an Attorney-Client Relationship.
Answered on Aug 15th, 2012 at 6:09 PM

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