Can I leave everything to my daughter and let her give him his half without her being involved with my trust? 9 Answers as of June 30, 2015

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?


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LAW OFFICE OF ROBERT I LONG
LAW OFFICE OF ROBERT I LONG | Robert I. Long
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.
Answer Applies to: California
Replied: 6/30/2015
Law Offices of George H. Shers | George H. Shers
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.
Answer Applies to: California
Replied: 6/26/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
You can do whatever you wish. See your lawyer.
Answer Applies to: California
Replied: 6/25/2015
Law Office of Nathan Wagner
Law Office of Nathan Wagner | Nathan J. Wagner
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.??
Answer Applies to: California
Replied: 6/25/2015
Patrick W. Currin, Attorney at Law | Patrick Currin
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.
Answer Applies to: California
Replied: 6/25/2015
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    Sure, you just need to make sure the trust is very clear about what happens if your son dies before the trust assets are distributed.
    Answer Applies to: California
    Replied: 6/25/2015
    James Law Group
    James Law Group | Christine James
    Yes but don't do it without an attorney if you want to avoid your son contesting the trust.
    Answer Applies to: California
    Replied: 6/25/2015
    Danville Law Group | Scott Jordan
    It can be done, but not in the way you may be thinking. In short, the money intended for your son would need to remain trust property. When/if he passes and there is still money in the trust, it can then go to your daughter. Once the money is given to your son, you would no longer have any control over the money. The language that you want needs to be drafted very carefully. I recommend you hire an attorney specializing in estate planning and trust drafting for assistance.
    Answer Applies to: California
    Replied: 6/25/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Don't try it; you will cause lots of litigation between your family members, and cause the will/trust to fail.
    Answer Applies to: California
    Replied: 6/25/2015
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