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Question regaring provisions of Last Will

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LegalSeek

Junior Member
What is the name of your state (only U.S. law)? TN
TN
Need information please.
Deceased left last will & testament. In the will, he left his property as a life estate for his son, and stated in will that after sons death, the property would go to grandson at age 21 (held in trust until then, should father die), to be his absolutely. The executrix, not the father or mother of this child, is named as the trustee for this child's inheritance.
The deceased had another grandson (past legal age), by the same SON mentioned aboveearlier. The grandfather did not trust nor did he have a good / healthy relationship with this other grandson. In the will, he made the statement: "As I make this will, I have my grandson, (this grandsons name is listed here), in mind. It is my desire that he shall receive no portion of my estate, under any circumstances."

Now my questions:
1. If executrix passes away, who becomes trustee over child's future inheritance?
2. Can child who receives this future inheritance, at time the property becomes his, give a portion of the property to the other grandson who was specifically omitted from the estate, even though will stated the desired omitting the other grandchild. (The father may try to force his hand in making this happen.)
3. Can the father of the two grandsons, in any way, divide that property between the sons. (the father was given a life estate).
4. Can the father, who has the life estate on the property, build another home on the property for the son that was omitted?
 
Last edited:


ShyCat

Senior Member
1. If executrix passes away, who becomes trustee over child's future inheritance?
Whoever is named the successor trustee in the trust document.


2. Can child who receives this future inheritance, at time the property becomes his, give a portion of the property to the other grandson who was specifically omitted from the estate, even though will stated the desired omitting the other grandchild.
Sure, once it's his, he can do what he wants with it. Just be aware that it would be considered a gift, not an inheritance. Gift tax applies to gifts over $12,000 per person. The giver would have to file a gift tax return, and pay gift tax once the $1,000,000 lifetime exclusion amount is used up. It also reduces the giver's estate tax exclusion amount, so it affects what his own beneficiaries receive when he dies.

(The father may try to force his hand in making this happen.)
Legally, there is nothing the father can do to force this. Someone should whack him upside the head and remind him that HE will want his own will carried out as he wrote it and would loudly object to such inteference with his intentions. Circumventing the wishes of his own father... not nice at all. And what goes around, comes around.

3. Can the father of the two grandsons, in any way, divide that property between the sons. (the father was given a life estate).
No.

4. Can the father, who has the life estate on the property, build another home on the property for the son that was omitted?
No, unless the life estate specifically granted him the right to build another home on the property, which is doubtful at best.
 

LegalSeek

Junior Member
Clarification of building another home...

I had asked about building another home on the life estate for the omitted grandson. What about putting up a mobile home, and having to add the water power, ect lines to that place. If this seems such as it going to happen, how would one go about stopping it?

(and yes, the father needs whacked up aside the head- wish I could do that! The grandfather had specific reasons for omitting the left out grandson due to some previous threats to him, treating him in an emotionally and mentally abusive manner, as well as that grandson drug use)
 

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