Will: Leaving property to beneficiaries until their deaths only












1














I am in the process of writing my will and overall it's a very simple one, apart from one thing: I would like to leave some money for my brother to help him take care of my parents until they die. Once both my parents die, I would like the money to be transferred to my wife or, in case she is deceased, my children.



I am using WillMaker Plus to write the will, and I was confident this was not rocket science and a lot of people need these specific bequests all the time. I am either missing something or this tool is extremely simple, borderline trivial. All I can write is a basic chain of beneficiaries and specify some bequests, but nothing much further.



I understand I could set up a trust to do this and elect the trust as my beneficiary (is that maybe what I'm missing?), but my conditions are very simple in my point of view, and the relationship between my immediate family and extended family is excellent, so I would not like to have to go through the hassle of setting up a trust.






trusts will







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    I am in the process of writing my will and overall it's a very simple one, apart from one thing: I would like to leave some money for my brother to help him take care of my parents until they die. Once both my parents die, I would like the money to be transferred to my wife or, in case she is deceased, my children.



    I am using WillMaker Plus to write the will, and I was confident this was not rocket science and a lot of people need these specific bequests all the time. I am either missing something or this tool is extremely simple, borderline trivial. All I can write is a basic chain of beneficiaries and specify some bequests, but nothing much further.



    I understand I could set up a trust to do this and elect the trust as my beneficiary (is that maybe what I'm missing?), but my conditions are very simple in my point of view, and the relationship between my immediate family and extended family is excellent, so I would not like to have to go through the hassle of setting up a trust.






    trusts will







    share|improve this question

























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      1








      1







      I am in the process of writing my will and overall it's a very simple one, apart from one thing: I would like to leave some money for my brother to help him take care of my parents until they die. Once both my parents die, I would like the money to be transferred to my wife or, in case she is deceased, my children.



      I am using WillMaker Plus to write the will, and I was confident this was not rocket science and a lot of people need these specific bequests all the time. I am either missing something or this tool is extremely simple, borderline trivial. All I can write is a basic chain of beneficiaries and specify some bequests, but nothing much further.



      I understand I could set up a trust to do this and elect the trust as my beneficiary (is that maybe what I'm missing?), but my conditions are very simple in my point of view, and the relationship between my immediate family and extended family is excellent, so I would not like to have to go through the hassle of setting up a trust.






      trusts will







      share|improve this question













      I am in the process of writing my will and overall it's a very simple one, apart from one thing: I would like to leave some money for my brother to help him take care of my parents until they die. Once both my parents die, I would like the money to be transferred to my wife or, in case she is deceased, my children.



      I am using WillMaker Plus to write the will, and I was confident this was not rocket science and a lot of people need these specific bequests all the time. I am either missing something or this tool is extremely simple, borderline trivial. All I can write is a basic chain of beneficiaries and specify some bequests, but nothing much further.



      I understand I could set up a trust to do this and elect the trust as my beneficiary (is that maybe what I'm missing?), but my conditions are very simple in my point of view, and the relationship between my immediate family and extended family is excellent, so I would not like to have to go through the hassle of setting up a trust.






      trusts will




      trusts will






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      asked 3 hours ago









      Phil

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          Your wish is to leave money to your brother to help him take care of your parents until they die with the condition that any balance of the money to be transferred to your wife or, if she is deceased, to your children.



          The fulfillment of this wish will depend on your brother honoring your request should you predecease your parents and then your parents pass on. Though not a lawyer, I don't think that there's anything in a will that will prevent your brother from keeping the money once he has possession of the money in question rather than passing it on.



          If you set up a simple revocable trust, you can include in its will any conditions that make sense. You can dole out "X" dollars per year to your brother until your parents pass. You can write any kind of self adjusting formula that amuses you.



          You could name your brother or wife or any other trusted person (family friend, lawyer, etc.) as the executor. If your estate is large enough (perhaps low to mid six figures), the trust department of your local bank can be named executor and it has a fiduciary responsibility to carry out the will's provision.



          The short answer is that you should consult with a lawyer to find out what options are available to you and what, if any, limitations exist.






          share|improve this answer





















          • Thanks for the reply. I also have the problem that my wife and I live in a different country than my brother and parents, so that's where setting up a trust gets complicated.
            – Phil
            2 hours ago










          • One issue is: how do you determine what is “your” money versus “your brother’s” money. Without some external apparatus like a trust, your brother could simply say that he has spent all “your” money.
            – Peter K.
            2 hours ago










          • I don't see domicile in different countries as a problem. In fact, I have this situation in my will. The only problem might be if the beneficiaries move around and you don't provide updated info to the will/trust (the executor may have to spend time and money to locate them, bumping up their fees). Then, all that matters is that you live in a country where there's rule of law.
            – Bob Baerker
            2 hours ago










          • @PeterK. Yes, but the idea is that only the interest earned on the money would be spent, and my wife and children would have visibility into it and/or be given reports on how the amounts were spent.
            – Phil
            1 hour ago











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          1 Answer
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          1 Answer
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          active

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          4














          Your wish is to leave money to your brother to help him take care of your parents until they die with the condition that any balance of the money to be transferred to your wife or, if she is deceased, to your children.



          The fulfillment of this wish will depend on your brother honoring your request should you predecease your parents and then your parents pass on. Though not a lawyer, I don't think that there's anything in a will that will prevent your brother from keeping the money once he has possession of the money in question rather than passing it on.



          If you set up a simple revocable trust, you can include in its will any conditions that make sense. You can dole out "X" dollars per year to your brother until your parents pass. You can write any kind of self adjusting formula that amuses you.



          You could name your brother or wife or any other trusted person (family friend, lawyer, etc.) as the executor. If your estate is large enough (perhaps low to mid six figures), the trust department of your local bank can be named executor and it has a fiduciary responsibility to carry out the will's provision.



          The short answer is that you should consult with a lawyer to find out what options are available to you and what, if any, limitations exist.






          share|improve this answer





















          • Thanks for the reply. I also have the problem that my wife and I live in a different country than my brother and parents, so that's where setting up a trust gets complicated.
            – Phil
            2 hours ago










          • One issue is: how do you determine what is “your” money versus “your brother’s” money. Without some external apparatus like a trust, your brother could simply say that he has spent all “your” money.
            – Peter K.
            2 hours ago










          • I don't see domicile in different countries as a problem. In fact, I have this situation in my will. The only problem might be if the beneficiaries move around and you don't provide updated info to the will/trust (the executor may have to spend time and money to locate them, bumping up their fees). Then, all that matters is that you live in a country where there's rule of law.
            – Bob Baerker
            2 hours ago










          • @PeterK. Yes, but the idea is that only the interest earned on the money would be spent, and my wife and children would have visibility into it and/or be given reports on how the amounts were spent.
            – Phil
            1 hour ago
















          4














          Your wish is to leave money to your brother to help him take care of your parents until they die with the condition that any balance of the money to be transferred to your wife or, if she is deceased, to your children.



          The fulfillment of this wish will depend on your brother honoring your request should you predecease your parents and then your parents pass on. Though not a lawyer, I don't think that there's anything in a will that will prevent your brother from keeping the money once he has possession of the money in question rather than passing it on.



          If you set up a simple revocable trust, you can include in its will any conditions that make sense. You can dole out "X" dollars per year to your brother until your parents pass. You can write any kind of self adjusting formula that amuses you.



          You could name your brother or wife or any other trusted person (family friend, lawyer, etc.) as the executor. If your estate is large enough (perhaps low to mid six figures), the trust department of your local bank can be named executor and it has a fiduciary responsibility to carry out the will's provision.



          The short answer is that you should consult with a lawyer to find out what options are available to you and what, if any, limitations exist.






          share|improve this answer





















          • Thanks for the reply. I also have the problem that my wife and I live in a different country than my brother and parents, so that's where setting up a trust gets complicated.
            – Phil
            2 hours ago










          • One issue is: how do you determine what is “your” money versus “your brother’s” money. Without some external apparatus like a trust, your brother could simply say that he has spent all “your” money.
            – Peter K.
            2 hours ago










          • I don't see domicile in different countries as a problem. In fact, I have this situation in my will. The only problem might be if the beneficiaries move around and you don't provide updated info to the will/trust (the executor may have to spend time and money to locate them, bumping up their fees). Then, all that matters is that you live in a country where there's rule of law.
            – Bob Baerker
            2 hours ago










          • @PeterK. Yes, but the idea is that only the interest earned on the money would be spent, and my wife and children would have visibility into it and/or be given reports on how the amounts were spent.
            – Phil
            1 hour ago














          4












          4








          4






          Your wish is to leave money to your brother to help him take care of your parents until they die with the condition that any balance of the money to be transferred to your wife or, if she is deceased, to your children.



          The fulfillment of this wish will depend on your brother honoring your request should you predecease your parents and then your parents pass on. Though not a lawyer, I don't think that there's anything in a will that will prevent your brother from keeping the money once he has possession of the money in question rather than passing it on.



          If you set up a simple revocable trust, you can include in its will any conditions that make sense. You can dole out "X" dollars per year to your brother until your parents pass. You can write any kind of self adjusting formula that amuses you.



          You could name your brother or wife or any other trusted person (family friend, lawyer, etc.) as the executor. If your estate is large enough (perhaps low to mid six figures), the trust department of your local bank can be named executor and it has a fiduciary responsibility to carry out the will's provision.



          The short answer is that you should consult with a lawyer to find out what options are available to you and what, if any, limitations exist.






          share|improve this answer












          Your wish is to leave money to your brother to help him take care of your parents until they die with the condition that any balance of the money to be transferred to your wife or, if she is deceased, to your children.



          The fulfillment of this wish will depend on your brother honoring your request should you predecease your parents and then your parents pass on. Though not a lawyer, I don't think that there's anything in a will that will prevent your brother from keeping the money once he has possession of the money in question rather than passing it on.



          If you set up a simple revocable trust, you can include in its will any conditions that make sense. You can dole out "X" dollars per year to your brother until your parents pass. You can write any kind of self adjusting formula that amuses you.



          You could name your brother or wife or any other trusted person (family friend, lawyer, etc.) as the executor. If your estate is large enough (perhaps low to mid six figures), the trust department of your local bank can be named executor and it has a fiduciary responsibility to carry out the will's provision.



          The short answer is that you should consult with a lawyer to find out what options are available to you and what, if any, limitations exist.







          share|improve this answer












          share|improve this answer



          share|improve this answer










          answered 2 hours ago









          Bob Baerker

          14.4k11948




          14.4k11948












          • Thanks for the reply. I also have the problem that my wife and I live in a different country than my brother and parents, so that's where setting up a trust gets complicated.
            – Phil
            2 hours ago










          • One issue is: how do you determine what is “your” money versus “your brother’s” money. Without some external apparatus like a trust, your brother could simply say that he has spent all “your” money.
            – Peter K.
            2 hours ago










          • I don't see domicile in different countries as a problem. In fact, I have this situation in my will. The only problem might be if the beneficiaries move around and you don't provide updated info to the will/trust (the executor may have to spend time and money to locate them, bumping up their fees). Then, all that matters is that you live in a country where there's rule of law.
            – Bob Baerker
            2 hours ago










          • @PeterK. Yes, but the idea is that only the interest earned on the money would be spent, and my wife and children would have visibility into it and/or be given reports on how the amounts were spent.
            – Phil
            1 hour ago


















          • Thanks for the reply. I also have the problem that my wife and I live in a different country than my brother and parents, so that's where setting up a trust gets complicated.
            – Phil
            2 hours ago










          • One issue is: how do you determine what is “your” money versus “your brother’s” money. Without some external apparatus like a trust, your brother could simply say that he has spent all “your” money.
            – Peter K.
            2 hours ago










          • I don't see domicile in different countries as a problem. In fact, I have this situation in my will. The only problem might be if the beneficiaries move around and you don't provide updated info to the will/trust (the executor may have to spend time and money to locate them, bumping up their fees). Then, all that matters is that you live in a country where there's rule of law.
            – Bob Baerker
            2 hours ago










          • @PeterK. Yes, but the idea is that only the interest earned on the money would be spent, and my wife and children would have visibility into it and/or be given reports on how the amounts were spent.
            – Phil
            1 hour ago
















          Thanks for the reply. I also have the problem that my wife and I live in a different country than my brother and parents, so that's where setting up a trust gets complicated.
          – Phil
          2 hours ago




          Thanks for the reply. I also have the problem that my wife and I live in a different country than my brother and parents, so that's where setting up a trust gets complicated.
          – Phil
          2 hours ago












          One issue is: how do you determine what is “your” money versus “your brother’s” money. Without some external apparatus like a trust, your brother could simply say that he has spent all “your” money.
          – Peter K.
          2 hours ago




          One issue is: how do you determine what is “your” money versus “your brother’s” money. Without some external apparatus like a trust, your brother could simply say that he has spent all “your” money.
          – Peter K.
          2 hours ago












          I don't see domicile in different countries as a problem. In fact, I have this situation in my will. The only problem might be if the beneficiaries move around and you don't provide updated info to the will/trust (the executor may have to spend time and money to locate them, bumping up their fees). Then, all that matters is that you live in a country where there's rule of law.
          – Bob Baerker
          2 hours ago




          I don't see domicile in different countries as a problem. In fact, I have this situation in my will. The only problem might be if the beneficiaries move around and you don't provide updated info to the will/trust (the executor may have to spend time and money to locate them, bumping up their fees). Then, all that matters is that you live in a country where there's rule of law.
          – Bob Baerker
          2 hours ago












          @PeterK. Yes, but the idea is that only the interest earned on the money would be spent, and my wife and children would have visibility into it and/or be given reports on how the amounts were spent.
          – Phil
          1 hour ago




          @PeterK. Yes, but the idea is that only the interest earned on the money would be spent, and my wife and children would have visibility into it and/or be given reports on how the amounts were spent.
          – Phil
          1 hour ago


















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