Legal Question in Wills and Trusts in Colorado
May I stipulate in my Will that I give my son the right to decide at the time of his inheritance that any portion of his inheritance money bypasses him and goes directly to his daughter?
2 Answers from Attorneys
You could give him a power of appointment over his inheritance to "appoint" the property to himself or anyone else he chooses. You might want to discuss this with an estate planning attorney, as this is beyond the language of a basic will and it would be helpful to understand his situation and why you are asking for this (e.g., if it is because of creditor concerns, you might want a trust instead of a will, as a power of appointment would not work for this purpose). I hope this helps.
Actually, the Power of Appointment is not the best solution. Your son can simply disclaim any portion or all of it should he choose. Any property subject to the disclaimer then passes as if your son predeceased you. You could cover in your Will that any property subject to the disclaimer would pass to your son's daughter.
The reason that the Power of Appointment doesn't work is that it implies that your son's interest would be in trust. If you are leaving him an outright interest, then that cannot, by law, be subject to any power to appoint.
Your best approach is to discuss with this with an attorney that specializes in estate planning. Good luck.
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