How do you leave property to a ‘future’ grandchild IF his father dies?

UPDATED: Oct 1, 2022

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How do you leave property to a ‘future’ grandchild IF his father dies?

What is the correct wording for a legal will for future grandchildren to inherit,
IF the father dies and you do not want the mother/spouse to receive anything

Asked on March 12, 2019 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

This is the sort of legal question which we cannot answer for you, since it gets into actually practicing law in your state--in this case, helping to draft a legal document for you, by providing the specific terminology you need.
All we can say is that this CAN be easily done, but will generally require a two-step or dual-track process: having a trust established in your will (a "testamentary" trust, called such because it is created by the will and does not come into being until you pass away) for the grandchildren if they are still minors when you pass, with a trustee named to manage the money for them (e.g. use it their health and education; pay the remainder out to them on their majority or after they graduate college or whenever you want); or alternately leaving it directly to them if they are of age when you pass.
Any trusts and estates attorney can draft this for you, so the best thing to do is retain a lawyer to create you will (and also make sure it is properly signed and witnessed as to be valid).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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