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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110573
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How can leave inherited property(now in probate and thus not

Customer Question

How can leave inherited property(now in probate and thus not concluded) to my grandchildren thus skipping over my children and husband? Is a codicil the best way to go? Reason: we are taking a long road trip and if something should happen to me how do I make my wishes known in a away that is legally binding? I do not want to change my will or other estate plans now in place. I did not know I would inherit this property now in probate.
Submitted: 4 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you want to skip your children, the the only three ways to do this. First would be to put the grandchildren's name on the property deeds as soon as it is inherited in your name and add their names to the deed with your names. The other way would be to form an irrevocable trust and make it a generation skipping trust meaning it goes to your grandchildren and this way no probate is necessary and it goes directly to them upon your death and the property stays protected from creditors of you and also your grandchildren.

The irrevocable trust would be out of your will as well.

Finally, you could do a codicil or amendment to your will stating that the property would go to the grandchildren, then it would have to go to probate upon your death.