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.
State/Country relating to Question: Minnesota
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?
. Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.
If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.
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.
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.
12 yrs practice, Realtor, Landlord 23+ yrs
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).