Legal Question in Wills and Trusts in Illinois
Inheritance to son not daughter-in-law
My mother would like to leave a inheritance to my brother but not his wife. She is concerned that his wife will divorce him and try to take part or all of this inheritance. My mother wants my brother to have this money, and in the event of my brothers death it should go to his young child.Can she stipulate this in her will? Thank you.
2 Answers from Attorneys
Re: Inheritance to son not daughter-in-law
An appropriately drafted will could accomplish what
you think your mother would like to do for your
brother. Your brother would also have to become
aware of Wisconsin Marital Property law to assure
that he does not put the assets at a risk of loss.
Re: Inheritance to son not daughter-in-law
You have defined a trust. The money can be given to somebody (including the son) with terms that provide that he can have the use of it and at his death it goes to his child.
This can be stated in the will, but it requires extensive drafting to accomplish the desired result.
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