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?

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2 Lawyer Answers

Elroy Schneider

  • 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, Esq.

  • San Francisco, CA
  • 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.

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