Q: Would it be best to let it go through probate as I'm the only child? Thanks for the advice.

A: Here's the rule: everyone has the right to do whatever they want with their own assets unless they have a debt or contract requiring them to pay someone. That means you can do whatever you want with your own money -- and so can all parents. It's THEIR assets. Legally, if they want to flush all their money down a toilet, they can. Or, if they can give all their assets to charity and none to their children and grandkids, they can. Children cannot stop their parents from doing what they want to do with their own assets so long as the parents knew what they were doing (i.e., had their mental capacity) when they made the decision. In short, no one can force another person to give away all of their assets against their will.

I recognize a lot of people feel entitled to receive their parents' assets, but there is no automatic right to ANYONE's assets in the United States when people have an estate plan. I haven't quite figured out why so many people believe they should automatically receive someone else's assets just because they are related to the one who owns the assets. Unfortunately, it doesn't work that way when there is an estate plan.

Since your parents are still alive, it is highly likely that you cannot go to Probate Court and ask the judge to force your parents to change their trust or will, so you get all of their assets. If you go to the Probate Court after both parents have passed, you would likely have to lie to the judge to accomplish your objective of taking someone else's money. No ethical lawyer would recommend you do that. Assuming your parents knew what they were doing when they disinherited you, you would be subject to penalties for perjury if you lied to the court and said there was no trust or will, and your parents never told you that you were disinherited.

If your son is a minor, your parents' trust or will likely says that your son's assets will go into a trust for his benefit and also name the person required to manage your son's trust (called a trustee.) But no lawyer could say one way or the other without reading the specific trust in your case. All trusts contain different language. I hope that helps.

A: Given that your parents have explicitly left everything to your son in their will, it's important to respect their wishes unless there are valid reasons to contest it. Since you mentioned that no one is likely to challenge the will, proceeding through probate as outlined might be the most straightforward path. Probate will ensure that the estate is handled legally and according to your parents' instructions.

To protect your son's inheritance until he reaches adulthood, you can consider establishing a trust. This allows you to set specific conditions and safeguards, such as releasing funds in stages or based on certain achievements. A trust can provide peace of mind that his inheritance will be managed responsibly until he is ready to handle it himself.

Consulting with an estate planning attorney can help you explore the best options for setting up these protections. They can guide you through the probate process and assist in creating a trust that aligns with your goals for your son's financial future. This approach ensures that your parents' wishes are honored while also providing a secure plan for your son's inheritance.