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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 53983
Experience:  29 years of experience practicing law, including tax and estate planning.
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I have two children one is incompetent. I own a condo worth

Customer Question

I have two children one is incompetent. I own a condo worth around 75,000 and I have a life policy of 100,000. What must I do to protect the little inheritance they are entitled to?Should I make my son (the competent one) the executor with the provision of dividing the assets fairly when I die?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Hi there. My name is ***** ***** I look forward to helping you.

First, let me tell you how sorry I am regarding your situation with your daughter. I know this must be a difficult situation for you and I will definitely keep you in my prayers.

With respect to your specific question, I would set up a special needs trust for your daughter with your son as the successor trustee, should he desire to act in such capacity upon your death. You don't need to fund it with anything but a nominal amount now. Then, in your will leave your assets 50% to your son and 50% to this trust. With regard to your life insurance policy, name your son as 50% beneficiary and the trust f/b/o your daughter as 50% beneficiary. The trust agreement will provide that upon your daughters death, any remaining assets shall then be distributed to your son. This is a pretty standard trust and you should be able to get it drafted for you for $1000 or less.

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