Legal Question in Wills and Trusts in Texas
beneficiary
I would like to note on insurance policy that the money go to each of my children and if they die to their children and I don't want to put it to estate.
what is the wording to do that when I list the children so that their children will inherit if one of them dies
2 Answers from Attorneys
Re: beneficiary
Texas legal language would be: "My descendants per stirpes." You might attach a note naming your children. If you are leaving any children out, this language won't work.
Re: beneficiary
You should update your estate plan periodically and following the loss of a child. As a hedge against the inability to do so, I would suggest language such as: " I name my children A, B, and C equally and to the heirs of A, B, and C, per stirpes" The insurance company must approve and accept the language. You should also include a letter with detail as to you intent and keep a copy of the letter which accompanies the change of beneficiary form with the policy. As an option, you could establish an inter-vivos trust (living trust) which describes your desire in as much detail as necessary and simply name the trustee as beneficiary of the policy.