Legal Question in Wills and Trusts in Ohio

Wills

We have three children, one of whom (the oldest (41) and a woman) is very successful and married and very responsible. The one other daughter, age thirty eight,along with her daughter, age seven, lives with us. Also our son, age 29, lives with us. These younger children are not very responsible and in our will we have left our estate to all three on a share and share alike, basis.

We worry much about the seven year old and would very much like to let the younger daughter live in the family home until the Grandaughter, turns 21. in the event that my wife and I should die. Our problem lies in the fact that we have been told, by the attorney that filed our will, that we cannot dictate that our estate, namely the home, be held in a kind of limbo until the grandaughter reaches 21, as it would cause undo hardship and problems, in the facilitating of the dispersal of our estate to our heirs and a possibility to their heirs.

Is there any possibility that we could do something such as this, because we do not want the grandaughter to suffer, do to the fact that her mother may not be able to provide her with a home.

If there is, please let me know how we can go about doing it.

Thank you --name removed--Mills


Asked on 9/25/08, 12:54 am

2 Answers from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Wills

Did your attorney explain to you what hardship and problems would ensue as a result of your wishes? If you want to do more than distribute shares evenly among your children, you can. If your oldest daughter is responsible and can serve as your executrix to manage the terms of a more complicated estate, then it seems possible to provide specially for your granddaughter. This would not be your only option.

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Answered on 9/25/08, 8:15 am
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: Wills

It is possible to delay the distribution of the house to allow your granddaughter a place to live. It would most likely require some sort of trust either as part of your will or as a separate document.

I would suggest that you find an attorney that is willing to listen to all of your wishes and goals and then can help you formulate a plan to address those.

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Answered on 9/25/08, 8:23 am


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