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Submitted 328 days ago...

Ulvales531

Ulvales531

New User (1)

How would one write in an adopted child as a beneficiary of a trust

Ok the scenario: I have a son who adopted his wife's daughter from a previous marriage. I have a substantial trust that would go to my son I assume. Ok then who would that go to next per stripes? My son's wife or my son's adopted daughter or do I need to be specific? In the will it now states "if my wife passes (which she has) nor any issue of mine survives me my estate goes to my son's wife. What the heck does that mean and who gets what? I mean I didn't adopt my son's daughter. If they want to give her something thats their business right? Anyway just want to make sure of what I'm signing here. Now in the event my son passed next then what the heck happens based on that statement. I am not real a real trusting sort and all this legal "issue" jargon to me is rediculous camo for someone so they can't get sued later. Thanks

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Answer 1 / 1 - Submitted 328 days ago...

bonlaur

bonlaur

Professor (1,624)

A trust can be of different forms, generally though, a living trust, often used, operates during the lifetime of it's creator (you), to entrust property management to the 'trustee' who manages assets. Trusts are used primarily to avoid probate as you probably know, and they remain private while a will becomes public information after the testator dies. Also while they are more expensive to draft , they save some money in the long run. At the inception of the trust it is managed by the creator. Trusts are revocable or irrevocable, changeable by creator or not changeable. When the creator becomes disabled the trustee takes over management in either, but if revocable the creator can alter or amend trust at any time. If the creator dies the trustee then can distribute the assets to beneficiaries as he chooses. So if your son were to decide to make his wife or adopted daughter beneficiary he would be free to do so. If you want another arrangement have your paralegal/attorney amend the trust if it's revocable. It is a major decision not without complications & only you can make it without any ambiguity or interference.

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