How do I will my son property then to my grandson without my sons wife getting anything?

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How do I will my son property then to my grandson without my sons wife getting anything?

I want to go ahead and give my son
a dead to property and see that
when he dies it will go to my
grandson and not my sons wife.

Asked on May 12, 2016 under Estate Planning, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you will it to him and you pass away first, then him, his property will go to whomever he leaves it to or otherwise inherits (e.g. under intestate succession) on his death, which will presumably be his wife. You can't control what he does with property he fully owns. But an easy way around this is to give your son a life estate in the property, while leaving the "remainder" interest to your grandson. This means that your son has the right to live in, rent out, use, etc. the property while he's alive--but your grandson gets it when he passes. This bypasses the problem identified above, since it's not that your grandson inherits when his father (your son) passes away, it's that your grandson inherits his interest on *your* death--just that he can't make use of or do anything with the interest until your son passes. And while your son gets the use, etc. of the property while he is alive, his interest is *only* for his life: he can't will, give away, etc. the grandson's interest, because your son has no rights to what happens to the property after his death.


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