Legal Question in Wills and Trusts in Michigan
Will Exclusions
Can I exlude my son's spouse and write the will that anything from the estate is for my son and his children only?
Asked on 1/31/09, 10:28 am
1 Answer from Attorneys
Jerrold Bartholomew
Priority Elder Law and Estate Planning, PLC
Re: Will Exclusions
Once property is passed to your son, it become marital property and subject to a divorce or his wife's creditors. It is possible to keep an inheritance for the benefit of your son without being subject to claims by his wife or her creditors by means of a trust. This can be accomplished with either a revocable living trust, an irrevocable trust, or a testamentary trust. But your average will cannot exclude your son's wife.
Answered on 1/31/09, 10:33 am
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