Legal Question in Wills and Trusts in Arizona
My mom and my stepfather would like to have a will that states all of their assets go to the other when one of them dies. They also want to stipulate that when they have both passed away, the assets all go to my mom's children and that none of the assets go to my stepfather's children. Is this something that can easily be done in a will?
1 Answer from Attorneys
This can be done in a Will, but it is complicated and you don't know who will pass away first.
Wills can be contested and what happens when one changes their mind? Wills are only effective if properly made and executed, and not revoked prior to death or by making a new Will at a later date with different provisions.
The best way to accomplish this plan, is to create a trust. That will serve to protect both your Mom and Stepfather during their respective lifetimes, and make the distribution desired upon the death of the survivor of them.
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