How do you leave property to a ‘future’ grandchild IF his father dies?
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How do you leave property to a ‘future’ grandchild IF his father dies?
What is the correct wording for a legal will for future grandchildren to inherit,
IF the father dies and you do not want the mother/spouse to receive anything
Asked on March 12, 2019 under Estate Planning, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
This is the sort of legal question which we cannot answer for you, since it gets into actually practicing law in your state--in this case, helping to draft a legal document for you, by providing the specific terminology you need.
All we can say is that this CAN be easily done, but will generally require a two-step or dual-track process: having a trust established in your will (a "testamentary" trust, called such because it is created by the will and does not come into being until you pass away) for the grandchildren if they are still minors when you pass, with a trustee named to manage the money for them (e.g. use it their health and education; pay the remainder out to them on their majority or after they graduate college or whenever you want); or alternately leaving it directly to them if they are of age when you pass.
Any trusts and estates attorney can draft this for you, so the best thing to do is retain a lawyer to create you will (and also make sure it is properly signed and witnessed as to be valid).
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