I have one son and his mother and I are not married

UPDATED: Sep 30, 2022

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I have one son and his mother and I are not married

I need to create a document so he will receive everything I
own.. properties etc He is a minor

Asked on March 25, 2016 under Estate Planning, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You do this by will: a will can leave everything to anyone you want. Furthermore, in the will, you would create a "testamentary trust," or a trust that only comes into being when you pass way, which would take effect IF you son is still a minor (or under whatever older age you'd like to see him be before getting your assets--e..g. if you feel 18 is too young to be trusted with money, there could be a trust until he's 25). You'd appoint a trustee--e.g. his mother, or a grandparent, or an uncle/aunt--and set up rules for the trust, such as it can be used for medical care or education. That way, someone other than him would control the money and use it for his benefit until he is the right age. Any lawyer who does wills can draw this up for you.

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