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any wording I can insert into my will to prevent potential inheritance fraud?

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Freeda Beemie

New member
What is the name of your state? Connecticut
I drafted a will which leaves all property to my young adult kids. Is there any wording I can add that would slow down or lessen the chances of my ex-husband cheating our kids out of their inheritance? Any place I can get a pro-bono review of the document on line?
thanks
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? Connecticut
I drafted a will which leaves all property to my young adult kids. Is there any wording I can add that would slow down or lessen the chances of my ex-husband cheating our kids out of their inheritance? Any place I can get a pro-bono review of the document on line?
thanks
You should run your estate planning by a local estate planning pro (an attorney). This is too important to rely on an internet forum.
 

xylene

Senior Member
IS some portion of your estate tied to portions of property you still own jointly with your ex? Still owe spousal support or something?

You really should have a lawyer draft your will and estate plan. Bluntly, if you have enough money to be worried about this, you have enough money for proper legal review
 

LdiJ

Senior Member
What is the name of your state? Connecticut
I drafted a will which leaves all property to my young adult kids. Is there any wording I can add that would slow down or lessen the chances of my ex-husband cheating our kids out of their inheritance? Any place I can get a pro-bono review of the document on line?
thanks
Well, you could set up a trust, with someone you thoroughly trust, to manage the money and give it to your children in intervals. For example, 25% at age 25, another 25% at age thirty and so on.
 

Taxing Matters

Overtaxed Member
What is the name of your state? Connecticut
I drafted a will which leaves all property to my young adult kids. Is there any wording I can add that would slow down or lessen the chances of my ex-husband cheating our kids out of their inheritance? Any place I can get a pro-bono review of the document on line?
thanks
Your will only affects the assets in your probate estate. Assets that pass outside of probate like life insurance, bank and other financial assets for which you have named a pay on death (POD) beneficiary, assets you own with others as joint tenants with a right of survivorship, etc, are not part of your probate estate and your will has absolutely no effect on those assets.

Your ex-husband is not entitled to inherit anything via intestacy (i.e. without a will) from your probate estate. The only way your ex-husband gets even a penny from your probate estate is if you give him something in your will. Giving your stuff to your kids in your will should ensure they get it. There isn't really anything special statement other than the gift that you need to put in the will for that. What your kids do with it after they get it is up to them.

So what kind of "inheritance fraud" do you have in mind here? If you are afraid your ex would convince your kids to give him money, well, there's not much you can do to prevent that after you are gone. Once your kids get their inheritance the stuff is theirs to do with what they want, including giving it away to their father if they want. Aside from that, though, what do you fear he might do? You might just be projecting a fear here of something that is simply not at all likely to occur.
 

Stephen1

Member
Following up on the "Assets that pass outside of probate like life insurance, bank and other financial assets for which you have named a pay on death (POD) beneficiary, " remember to update the named beneficiary of any of these so your ex- is not named as the beneficiary. Just because you got a divorce does not mean that the ex- is no longer the beneficiary.
 

LdiJ

Senior Member
Following up on the "Assets that pass outside of probate like life insurance, bank and other financial assets for which you have named a pay on death (POD) beneficiary, " remember to update the named beneficiary of any of these so your ex- is not named as the beneficiary. Just because you got a divorce does not mean that the ex- is no longer the beneficiary.
I think that you really mean to say that removing her ex as the beneficiary on her policies and retirement accounts etc. is not something that happens automatically. She has to actually contact everybody and make the beneficiary change.
 

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