Ask Terry Questions Wills on Legal Zoom

Wills on Legal Zoom

By Terry Savage on March 26, 2024 | Wild Card

My daughter has a ten year old. Is separated from husband and likely to divorce. Is a will done on Legal Zoom a good low cost option to provide for her child in the event of her death?

Terry Says

Likely not. If she makes a mistake doing it on her own, she won’t be around to fix it when it is discovered!
Especially with a child, you need to know your state’s custody and estate laws. For example, in most states the father would automatically have custody of a minor child, and the deceased has little to say about it — unless the father might have a criminal record.
She might set up a trust to receive the proceeds of alife insurance policy in case of her death, but she would need to set it up separately, and use a trustee.

IN short, there are many potential issues which could arise that a good estate plan will solve in ADVANCE, instead of in an expensive court battle with the child’s father.

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