Legal Question in Wills and Trusts in California

Bequeath to a non non-related minor

I want to bequeath my motor home and car to a 16 year old boy, who is unrelated to me. He'll be 18 in January, 2004. He is like a son to me, but we have no legal ties. His mother is homeless and lives nearby. He's currently living with me with his mother's permission. He has little contact with his biological father, who lives out of state. His mother and father never were married. If I die before he turns 18 (I'm currently in good health at age 58) would this property be put in trust for him automatically? Or would his mother and/or father claim ownership? Should I leave this property to my nephew, who will be my executor, with the understanding that he will turn it over to this boy upon his 18th birthday? I can trust my nephew to carry out this wish. I know you lawyers hate this, but I want to do this using only my Family Lawyer program. Thanks for any assistance.


Asked on 4/20/02, 1:06 pm

3 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Bequeath to a non non-related minor

You can leave the gift to your nephew as "custodian" for the boy until he turns an age you specify (in between 18 and 25). This must be done as part of your will (or a codicil to amend your will) or else the law won't recognize it.

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Answered on 4/22/02, 2:53 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Bequeath to a non non-related minor

you would have to either create a trust or have your will create a trust to hold it until he is 18. In estate planning there is no such thing as an "understanding".

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Answered on 4/20/02, 1:16 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: Bequeath to a non non-related minor

Mr. Johnson is a sage and able probate lawyer. I suggest you follow his advise.

Martin

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Answered on 4/24/02, 9:18 pm


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