Klenk Law

How do I make sure the inheritance that I leave my daughter passes to my grandchildren at her death?

Posted on Wed Jul 15, 2015, on Estate Planning

From our Ask a Question” mailbag: How do I make sure the inheritance that I leave my daughter passes to my grandchildren at her death?

If you leave your daughter an inheritance outright, then-at her death-it will be available to satisfy any creditors or law suits she might have. It might even end up in her husband’s name, rather than passing to your grandchildren.

Instead, you can use your will or a Revocable Living Trust to form a protective trust to hold her inheritance. This irrevocable trust can be drafted to allow your daughter to serve as the trustee with broad rights to use the trust assets for herself and your grandchildren, while the assets are sheltered from a potential divorce, creditors and lawsuits. You also can state that, at your daughter’s death, any remaining assets remain in trust for your grandchildren’s benefit. If drafted properly, her creditors and husband would have no claim against these assets.

If you have any other questions about Estate Planning, feel free to contact our office for a free consultation.

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