If my daughter passed away and I don’t want her husband to receive her portion when I pass, can I remove him without removing her 2 children?

Asked on June 3, 2012 under Estate Planning, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss. I am having a little trouble understanding what legal documents you may have in place at this point in time.  If you have a Will that leaves your daughter a portion of the estate there should also be a paragraph as to what happens should she predecease you.  Have an attorney review it for you.  You may want to change it and leave the money to the children in a trust fund and appoint a separate person as the trustee of the trust.  You have to rewrite the document and yes you can leave it to them and not him.  Good luck.  


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 AttorneyPages.com 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.