South Carolina Attorney Lawyer

Q: I am a widow and, at the age of 67 have been diagnosed with terminal cancer. My doctors give me six months.

Here is my problem: I have two children - a boy and a girl - both married. My husband and I have always said that we treat them as if the last of us died, but my son is in the midst of a bad divorce. He has three young children (age 13, 10 and and his wife lies about my son, so that the children away from him - and myself. She also said in his divorce papers that I am ready to die and, therefore, the court should consider what my son is to inherit which, if I have my children too, up $ 500000

I would like to make sure that what my son is not in his hands into account, or by a judge at the disposal, so that my son, a child over pay. My lawyer told me that the best what it takes to get everything to my daughter and let them give my son after divorce, but something tells me this is not a good idea, because if my daughter dies, I do not think my son-in-law is apportioned money.

Someone mentioned the confidence in me, but I do not understand what makes confidence. I’m looking for a way that I can take care of my son and my grandchildren, free of disturbances by the courts and his wife.

A: There are ways and ways in which control them, but how you discovered, it is not in your son to your daughter-finals. In addition to the potential of your daughter dying before your son, there is always the possibility that financial problems in the marriage of your daughter could mean that funds are spent.

While the word “trust” frightens many people, actually, a “trust” is nothing other than a “bucket” in the d’actifs are able to: - either for life or at the time of death. Holders of “bucket” is the agent, whose skills should be clearly exposed in the direction of the trust document.

In this way, nature and the way the date and amount of distributions. At a certain point in the future, the agent must be “empty the bucket and distribute the balance on the whole heritage in a way that you choose.

In other words, from our point of view one way to solve this problem is to help you check half of your property to your son in trust with a bank Trust department or reliable third person as trustee. The conditions of confidence could, for example, stipulates that as long as your son is under a commitment appointed by the court to support his wife or his children, the trustee would be under a positive obligation, nothing to distribute to your son. Or, if you wish, you can representative to the discretion to distribute income by the trust each year.

You can also direct the depositary to begin putting distributions to your son after your child’s youngest grand-son of 21 laps avoid your money is used to educate your grandchildren, if your request. On the other hand, you can directly on the trust fund for every child to education to your son and daughter-in-law contributions.

We advise you to contact a lawyer, he is creative enough to help you plan for your Estate so that you comfortably your wishes will be realized, given that, unfortunately, documents described here do not come from word processor.