I've downloaded a basic Last Will and Testament form that's valid in my state. I'm trying to figure out how to phrase that should my husband predecease me, I want my estate to go to my nieces and nephews -- some of which are 'step' -- and some of which are not yet born!
I only have 2 brothers - do I just list "any and all children of John and Jack Doe, including those not yet born, by birth or marriage??"
Is there a boilerplate phrase for this? Everything I think of is clunky or I'm afraid it's not what I'm trying to say or might leave a loophole. Thanks!
2006-12-22 02:42:45 · 5 answers · asked by ohso_quiet 4 in Politics & Government ➔ Law & Ethics
I do this for my clients.
First, if you own a home, you probably want to consider a trust and not just a will. The will goes to Probate Court, the trust does not.
Second, you need to have a cut off date because the courts all frown on open ended inheritances. It is called the fertile octagenarian rule. In other words, if you want your nieces and nephews to share your estate, incuding those as yet unborn but could be added to the family in the future, then you are leaving the door open for an indefinitely long time.
Generally the wording should be something like this:
Should my husband predecease me, then I give all my estate to my nieces and nephews, by birth or by marriage, by right of representation, as of the date of my death or any others that might be added within one year thereafter. Specifically, they are as follows:
a. name and birth date
b. name and birth date
c. name and birth date
etc.
If you have specific gifts to bestow, then list them as well.
Frankly, all legal wording sounds rather "clunky" because it is not intended to entertain but rather to be legally informative. That usually means that only other people familiar with legal wording will get anything out of it. That is a shame but it is what it is.
I hope this helps a bit.
2006-12-22 03:40:39 · answer #1 · answered by rac 7 · 1⤊ 1⤋
I would list the specific individuals with their relationship.
xxxx, yyyy and zzzz, the step-children of my brother john, eee, ttt, and uuu the step-children of my brother Jack and any other of children of John and Jack that may be born including those not yet born, by birth or marriage.
The other question to ask is this limited to those that are alive at your death, or would the amount go to the children of any of the deceased children?
To be divided equally amongst them, per stirpes. (Gives each person listed a share of the estate. If one should pre-decease you, the children of that individual split his share.)
2006-12-22 02:56:32 · answer #2 · answered by Aggie80 5 · 1⤊ 0⤋
"blah-blah-blah", shall go to my husband, but should he predecease me then "blah-blah'blah" shall pass to my heirs, specifically (name them) and any other issue or adopted child of (brother and sister) in the following order or shares: (equal, according to age, or specify).
You know, there's a reason lawyers do this. A simple will may not be your best estate planning tool. You may want to consider a trust.
2006-12-22 03:23:28 · answer #3 · answered by Rachel M 4 · 1⤊ 0⤋
Your sentence above should perhaps include 'at the time of writing' or something like that to make it a little more clear when the cutoff point is...or isn't.
2006-12-22 02:51:01 · answer #4 · answered by Anonymous · 0⤊ 1⤋
You would be better off seeking a licensed attorney who specializes in probate and the like.
2006-12-22 02:45:40 · answer #5 · answered by Anonymous · 2⤊ 0⤋