If I have a Will that the estate be equally divided among my 3 children and my son is divorced, I need to know what I can do to make sure his 3 kids get his share if I should outlive him?

Just trying to cover all bases.

Asked on September 22, 2015 under Estate Planning, North Carolina


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The will should cover it because he is already divorced. However, you want to make sure his children are covered in case he remarries, I assume.  You should consider doing a pour over will into a trust to avoid probate.  Then build the trust and will so that in case he passes before you do, his share will be divided equally amongst his three children. So the children will get 1/3 of his 1/3. 

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