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My father wants to will his estate equally among his adult children. He does not want the spouse of one adult child to derive any benefit. What is the best way for my father to ensure that a spouse will not have rights to the estate? My father and all children/spouses live in the state of Minnesota.
Optional Information: State/Country relating to Question: Minnesota Already Tried: Just gathering info...
Hello,Are you referring to if father passes and the adult child later passes and he doesn't want the spouse to inherit from the deceased child (spouse's spouse)?Or does father not want the child's spouse to benefit even if the adult child (spouse's spouse) is living?
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Thanks.
Barrister
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Hi,
My father does not want the child's spouse to benefit even if the adult child (spouse's spouse) is living. My father would like to leave my sister money so that she can divorce and live off the proceeds of his estate. Does that make sense?
Ok, when a parent passes and leaves a Beneficiary a bequest in their will, they no longer would have any control over what the beneficiary did with it. It is the heir's money now and they can do with it what they wish. .But inheritances are considered separate property of the heir unless they comingle it with marital assets. Then it would become Marital Property subject to division in any divorce. But as long as she keeps it in a separate account in her name, husband has no legal claim to it..The other option would be to establish a trust with her portion of any inheritance and put in terms that it was only to be used for daughter's support and maintenance.
Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.
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