Legal Question in Wills and Trusts in California

after my death , i would like to leave my part of my estate to my son and part to my daughter. Is there any way , I can prevent my son's wife for inheriting my belongings if my son should die


Asked on 2/04/14, 11:44 am

2 Answers from Attorneys

Julie Mains Mains Law Office

It depends on whether you are asking if this happens prior to you passing or after. In your will or trust, you can state that you would like to leave part of your estate to your son but if he pre-deceases you, it should be left to (someone else). Or, you can stipulate in a trust that your son's portion is kept in trust for your son and (for example) he gets interest and up to 5% of the principle each year during his life and then after he passes, the balance passes to (insert next person). So, the answer is yes but you need to do some estate planning in order to accomplish it.

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Answered on 2/04/14, 11:48 am
Eric Gold The Law Offices of Eric J. Gold, A Professional Corporation

You can absolutely craft an estate plan that provides for your assets to go to your children, not their spouses. It can be accomplished in various ways. You should consult with an estate planning attorney for assistance.

** LEGAL DISCLAIMER ** My response above is not legal advice nor it does not establish an attoreny-client relationship. When responding to questions posted here, I provide a general purpose response based on California law. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose.

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Answered on 2/04/14, 12:03 pm


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