Right to Inheritance

[fburke]

Massachusetts


I have an Inheritance coming to me of a sizeable amount someday because of some property and stocks, CD’s ect. Does my ex have any claim to this because I pay child support? (up to date never late)

This would break my family’s heart if she wound up with anything after what she put me through.

should i have the person change their will?

Is there any way to shield this from her?

 

[nextwife]

With any luck, this relative will remain happy and healthy for a great many more years and not die until your kids age out of CS.

 

[BlondiePB]

I have an Inheritance coming to me of a sizeable amount someday because of some property and stocks, CD’s ect. Does my ex have any claim to this because I pay child support? (up to date never late)

Is this coming from your aunt who has Alzheimers? From what I understand about this, only the income generated from interest can be used in child support.

should i have the person change their will?

If this is your aunt with Alzheimers, no she cannot change her will and don't even think about changing any of her estate. Should you become her conservator/guardian, with permission of the court only, a ward's estate can be changed.

 

[fburke]

No this is actually my grandfather who is actually in pretty good health for and 89 year old. He is just getting his paperwork in order since my grandmother passed away last year. He knows how he wants his estate set up and has openly discussed this with his family.

He’s very old fashioned and when it comes to ex wives looking for a quick buck he gets very agitated. He’s worked hard for what he has and feels that the blood family should be the ones to prosper from his small success.

 

[rmet4nzkx]

Remember, child support goes for the care of your children, so you should get the other thoughts out of your head.
Is you grandfather planning on giving something to your children as well, or does his generosity only extend to his grandchildren and not his great grandchildren? The money could be put into trust with you as the trustee, so your children would directly benefit as opposed to indirectly through child support.

 

[BlondiePB]

No this is actually my grandfather who is actually in pretty good health for and 89 year old. He is just getting his paperwork in order since my grandmother passed away last year. He knows how he wants his estate set up and has openly discussed this with his family.

He’s very old fashioned and when it comes to ex wives looking for a quick buck he gets very agitated. He’s worked hard for what he has and feels that the blood family should be the ones to prosper from his small success.

Take gramps to an Estate Attorney to ensure all is done properly and do have him consider putting his estate in trust to by-pass probate. 89 and in pretty good health, God bless him.

As for your aunt, you need to read up on CA's statutes for conservator/guardian. You'll find them in the probate section in CA's statutes. There was another poster who did/does not know what she was/is doing and who keeps finding herself in front of the judge because she does/did not understand how seriously and closely the court watches an estate of a ward.

 

[rmet4nzkx]

To Next Wife.
My point was that if grandfather's goal is to avoid OP's ex from benefiting via child support, that does not have to exclude his great-grandchildren by default. If there is such a concern, then a trust. Since grandfather is already leaving money to his grandchild (OP), it doesn't seem that his intent is to deny his great-grandchildren, of course it could mean that OP might get less for his personal use. What I said had nothing to do with the right of the grandfather to make his will and distribute his estate, my concern was for the interest of these children who could become a pawn of strife between parents. Families have a tendancy to be very cruel to in-laws without logic or cause, I don't like seeing innocent children the victim of such abuse. I am not taking my personal issues or history into consideration, here, as you are, I am looking at the facts and giving the options.

 

[BlondiePB]

My point was that if grandfather's goal is to avoid OP's ex from benefiting via child support, that does not have to exclude his great-grandchildren by default. If there is such a concern, then a trust. Since grandfather is already leaving money to his grandchild (OP), it doesn't seem that his intent is to deny his great-grandchildren, of course it could mean that OP might get less for his personal use. What I said had nothing to do with the right of the grandfather to make his will and distribute his estate, my concern was for the interest of these children who could become a pawn of strife between parents. Families have a tendancy to be very cruel to in-laws without logic or cause, I don't like seeing innocent children the victim of such abuse. I am not taking my personal issues or history into consideration, here, as you are, I am looking at the facts and giving the options.

Sorry, but I fail to see how taking gramps to an estate attorney to put his affairs in order properly and legally, including provisions for grandchildren, etc. is a personal issue of mine.

Should you be referring to issues with OP's aunt, all too many times when a family member takes on the responsibility of conservator/guardian for another family member, the conservator/guardian does not appropriately handle the estate according to law due to not understanding how things must be done according to law. With regards to the aunt who needs to be taken care of, I was just giving the OP a "heads up" to inform himself.

Personally, I have never been called into court to answer to a judge about a ward's estate. Should the court question anything, I will gladly and immediately give the court anything that they would request. Once a court monitor/visitor called me regarding where a ward was now residing to check on the ward and how the ward was being taken of. I told the court visitor that the ward was now residing at XX Memorial Park. Had the court visitor checked the ward's file, the CV would have found the death certificate.

 

[rmet4nzkx]

Sorry, but I fail to see how taking gramps to an estate attorney to put his affairs in order properly and legally, including provisions for grandchildren, etc. is a personal issue of mine.

Should you be referring to issues with OP's aunt, all too many times when a family member takes on the responsibility of conservator/guardian for another family member, the conservator/guardian does not appropriately handle the estate according to law due to not understanding how things must be done according to law. With regards to the aunt who needs to be taken care of, I was just giving the OP a "heads up" to inform himself.

Personally, I have never been called into court to answer to a judge about a ward's estate. Should the court question anything, I will gladly and immediately give the court anything that they would request. Once a court monitor/visitor called me regarding where a ward was now residing to check on the ward and how the ward was being taken of. I told the court visitor that the ward was now residing at XX Memorial Park. Had the court visitor checked the ward's file, the CV would have found the death certificate.

Absolutely, I agree OP's GF should see an Estate Atty, it was Next Wife to whom I was responding, sorry for the confussion.

 

[BlondiePB]

Absolutely, I agree OP's GF should see an Estate Atty, it was Next Wife to whom I was responding, sorry for the confussion.

Thanks for clearing that up, rmet. Have a good day!

BTW, that CV did have "egg on her face" regarding the deceased ward. Hasn't happened again, yet.