Oceanside, CA asked in Estate Planning for California

Q: when leaving a small fortune to a son, can one eliminate the wife from inheriting this money in case of his death?

what other steps can one take to assure that wife is not a beneficiary of his inheritance during his lifetime as well as if he should die before her?

Related Topics:
2 Lawyer Answers
Elroy Schneider
Elroy Schneider
Answered
  • Estate Planning Lawyer
  • Oxnard, CA
  • Licensed in California

A: The only way to make sure your son does not give his inheritance to his wife, is to keep your gift in trust for his life and then on his death to his children when they are certain ages. If you just leave your estate outright to your son, you can’t put restrictions on the gift. Depending on the size of the estate and his estate, there may be adverse tax consequences which you may need to consider.

Sally Bergman agrees with this answer

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: You can create a Trust with such terms. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.