Friday, July 28, 2017

Divorced? Want To Take Care Of Your Kids But Not Your Ex?

March 4, 2010 by  
Filed under Estate Planning

Problem:  I want to leave everything to my only child when I die, but I am divorced and want to make sure that there is no way that my ex has access to my child’s inheritance.

Solution:  Put your child’s inheritance in a trust for his benefit.  Here’s the deal, if you die and leave everything you own to your child, there is nothing that you can do to stop him from leaving your assets to your ex (your children’s mother).  Of course, the possibility of your ex outliving your child is slim, but if your child die’s prematurely and does not leave a Will, the laws of intestate succession could give your ex your child’s estate.  Alternatively, if your child does have a will and names your ex as beneficiary, there is nothing you can do.  BUT if you leave your assets in trust for the benefit of your children, you can put limitations on the trust fund such as who your child can name as alternate beneficiary (known as a limited power of appointment) or you can designate the alternate beneficiary.

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Proviso Law Group provides attorney services in the areas of Business Law, Estate Planning, Wills, Trusts, Probate and Trust Administration.  Call us for more information regarding how to take care of your children by establishing a trust.
We are located in Manhattan Beach, California near Hermosa Beach, Redondo Beach, El Segundo, Torrance, Hawthorne, Culver City, Los Angeles, Orange County, Gardena, Lawndale, South Bay.


Proviso Law Group provides attorney services in the areas of Business Law, Estate Planning, Wills, Trusts, Probate and Trust Administration.  We are located in Manhattan Beach, California near Hermosa Beach, Redondo Beach, El Segundo, Torrance, Hawthorne, Culver City, Los Angeles, Orange County, Gardena, Lawndale, South Bay.

Comments

One Response to “Divorced? Want To Take Care Of Your Kids But Not Your Ex?”
  1. Andrew says:

    Thank you for the amazing post!

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