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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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I have an aunt whose only living child, a daughter, died

Customer Question

I have an aunt whose only living child, a daughter, died leaving a 13-year old son. Her husband is a drug addict and we (the family) need to protect this child's interests in land (the grandmother, my aunt, has interest in 35 acres of land). How best can we make sure this grandchild will get any share of his grandmother's interest in the land when and if we sell said land? Thank you.
JA: Thanks. Can you give me any more details about your issue?
Customer: Originally my grandfather, the aunt's father, left 40 acres to his wife and daughter. The daughter took his one-half share in the 40 acres and divided it among herself and 7 other siblings, but the grandmother died intestate, and one-half of the land is still in the Estate of... We have been working to clear title so that each sibling's family (all deceased except for the aunt I mentioned above) can sell their 5 acres. Everyone died intestate. The immediate problem is this aunt whose daughter died yesterday, has cancer, and is trying to protect her grandson against his drug-addicted father.
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Submitted: 8 months ago.
Category: Estate Law
Expert:  Infolawyer replied 8 months ago.

Good morning.

Expert:  Infolawyer replied 8 months ago.

It is best to set up a trust and place his interest in trust. Then select a trusted trustee to take care of it, which can be a relative or a lawyer or banker if no one is available. This helps ensure it is held in trust for minor until becomes an adult and can transfer to him then.

Expert:  Infolawyer replied 8 months ago.

Kindly let me know if that is helpful, and if I may clarify anything ask me.

Customer: replied 8 months ago.
No - the question I asked was, can a will be drawn up to help this minor child? The aunt has recently been diagnosed with cancer. We cannot afford to hire an attorney right now to set up a trust. This aunt lives in Mississippi. Thank you.
Expert:  Infolawyer replied 8 months ago.

The will can address it and cover his share, and within the will there can be a trust paragraph which addresses property being held in trust for him and naming the trustee and then land would be titled in trust. Minor cannot hold title except in trust by someone. The other option is to leave it directly to someone else who will transfer to him when he becomes an adult, but this person needs to be trusted and should sign a document agreeing to do so.

Expert:  Infolawyer replied 8 months ago.

Kindly let me know if that is clearer.

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