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Question about a will

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Stew

Junior Member
Colorado

I am a published freelance writer working on a suspense novel. I have some questions about trusts, and wills and custody.

Here’s the scenario. Jenny Matthews is caring for her niece Amy Matthews her brother’s daughter when she rec’s word that Chris has been killed in what appears to be a carjacking. (Lots going on behind the scenes.)

Chris is divorced and Jenny is named guardian in the will. Liz, Chris ex wife abandoned Chris and Amy when Amy was an infant and has had little contact except. She’s never paid child support and has not been in regular contact wit her. She’s the type of person who can’t hold a job and runs through money quickly. Her recent relationship with a live in boyfriend broke up. So she’s desperate for money because she’s out of work. Liz shows up at Chris’ funeral feigning concern over Amy and crying crocodile tears.

She then shows up with a gift for Amy. Jenny knows she’s up to no good. It comes out in their conversation that Liz plans to challenge the will. She claims she wants what’s best for Amy and therefore wants custody. What she really wants is to get her hands on Chris’ property. His property includes his home, life insurance policy (which I guess would name Amy), any money in the bank and probably some stocks and bonds.

There’s a lot more going on in this story than this. Jenny’s goal is to keep Amy safe and plenty happens to prevent that. I don’t want Liz to win but I want her to be a threat. So, here are the questions.

1. When someone is divorced and they have a will, do they normally leave all of the property, etc to their child if they haven’t remarried? Amy is 5. Or would they leave it to the guardian?

2. Would the term on the will say guardian?

3. What kind of set up can I create where Liz would try to get hold of the money? I was thinking it would be best to have her try to win custody of Amy. But would this guarantee she could get her hands on the assets? I know that it’s difficult to change anything in a trust, but she’s the sneak type who could probably try something shady.. But she needs money very soon so she’s after whatever she can get.

Thanks for your help,

Teena
 



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