melannen: Commander Valentine of Alpha Squad Seven, a red-haired female Nick Fury in space, smoking contemplatively (Default)
melannen ([personal profile] melannen) wrote in [community profile] agonyaunt 2025-01-28 05:32 pm (UTC)

Maybe I am fundamentally misunderstanding estate planning here, ianal etc. But LW, you say you don't want to leave the money to LW "as long as she is unable to stay clean". Are you planning to die in the next few months? Why are you so sure your grandkid won't be clean by the time the will goes into effect?

It's absolutely possible to leave her money on the condition she's been clean a certain length of time; it's absolutely possible to leave her money in trust that she can only access directly if she's been clean a certain length of time; it's absolutely possible to leave her share of money directly to her kid(s), to be controlled by their legal guardians (or by trustees you chose) until the kids are 18, thus keeping it out of her hands unless she's truly turned her life around.

It's not necessary to announce any of those things to your kids right now, either, unless your death is imminent. (If you were just given three months to live and there may not be time to set up a trust, ignore all of the above.) If you do need to talk about it with your heirs now - if they're constantly talking to you about what they're going to do with the money once you're dead - with the kind of wealth you're implying it might make the most sense to set up a family trust *now*, to get everything out in the open about your plans, stop them counting down to your death, and make things much simpler when they do inherit.

But it almost sounds, LW, like this is less about rational estate planning for the future, and more about you wanting to punish or shame your most vulnerable grandchild right now, and that's helping nobody (your estate planning least of all.) I promise you that giving grandchild *less* hope for a better future will not help them break the habit.

Talk to an estate planner about your hopes and fears instead of coming to them with a plan you've decided on; this absolutely won't be the first time they've advised somebody with a beloved heir with a drug problem, and then you can go back to your daughter with a better grasp of your options and legal advice backing you up.


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