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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27692
Experience:  Attorney with experience in family law.
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My ex and I have a ten year old daughter. He is remarried.

Customer Question

My ex and I have a ten year old daughter. He is remarried. He has become quite wealthy after we divorced. He does pay child support and it has been adjusted recently.. minimally as he fought it. I was told that if something should happen to him then all child support stops of course stops. How do I make sure that my daughter is provided for if he doesn't leave a will/beneficiary? I doubt his wife will provide anything for my daughter. Should I consider asking for a separate life insurance policy that names her as beneficiary? What can I do to protect my daughter's inheritance?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: ohio
JA: Has anything been filed or reported?
Customer: yes were divorced and he pays child support through the state agency
JA: Anything else you want the lawyer to know before I connect you?
Customer: no. thank you.
Submitted: 3 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 3 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

You have the ability to ask the judge to obtain a life insurance policy, naming your daughter as the beneficiary, and keep it until she turns 18 or graduates from high school, whichever is later. That's not terribly uncommon, but the amount of the policy would be typically only enough to cover child support until she becomes an adult. If he's got a lot of money, you could ask that he instead be required to set up a trust naming her as the beneficiary, with that same amount of money. Either of those things would be done via a Motion to Modify Judgment.

There is no law that requires parents to provide for their children after they pass away, so he could not be required to leave her anything after she becomes an adult. If the father dies without a will, his wife gets $20,000 plus one-half of his estate, and the rest of the estate will be split among all surviving children he has at that time. The estate is going to be comprised of all assets held in his name only when he dies or his share of assets held as tenants in common. Assets held jointly with his wife won't be part of his estate.

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Customer: replied 3 months ago.
what is difference between life insurance and setting up a trust? tax issues?
Expert:  Lucy, Esq. replied 3 months ago.

Life insurance means he pays the premiums as long as he's alive, and they do a lump sum payout when he passes. If he has the money available to put into a bank account for her, that saves him money in the long run (especially if he lives until she reaches adulthood). He just might object less strenuously to a trust.

Expert:  Lucy, Esq. replied 3 months ago.

Did you have any other questions about this?

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