Is it possible to designate my only child from my first marriage to get everything that I own upon my death? 7 Answers as of December 21, 2016

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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LAW OFFICE OF ROBERT I LONG
LAW OFFICE OF ROBERT I LONG | Robert I. Long
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.
Answer Applies to: California
Replied: 12/21/2016
Law Ofices of Edwin K. Niles | 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.
Answer Applies to: California
Replied: 12/15/2016
Danville Law Group | Scott Jordan
Yes it is possible but you need to plan properly. For instance, before getting remarried, you may want to consider a Pre-Marital Agreement (aka Pre Nup). Also, if you place your possessions into trust and name your child the beneficiary, your assets will go to your child and not split with your new wife. If you do nothing, she will receive at least 1/2 of your estate.
Answer Applies to: California
Replied: 12/15/2016
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
Yes, it is possible, but you need to talk to an attorney to make sure it's done right and talk to your new husband so he knows what you want.
Answer Applies to: California
Replied: 12/15/2016
Patrick W. Currin, Attorney at Law | Patrick Currin
You need to get a trust in place.
Answer Applies to: California
Replied: 12/15/2016
    Law Offices of George H. Shers | George H. Shers
    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.
    Answer Applies to: California
    Replied: 12/15/2016
    WFB Legal Consulting, Inc.
    WFB Legal Consulting, Inc. | William F. Bernard
    In order to have maximum security. I would recommend a Living Trust. This would avoid Probate and the issue of intestate succession; would allow your child to be insulated from prospective creditors if structured properly; and ultimately allow you to provide for your child in the manner you choose.
    Answer Applies to: California
    Replied: 12/15/2016
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