Mother Plans to Disinherit Daughter, Can She Write Living Trust to Son so He is Sole Beneficiary?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“I would like to have a revocable living trust jointly with my son since I plan to disinherit my daughter and I want to be assured that my son is sole beneficiary.  My son and I own our home jointly where we both reside.  My estate is very small (just the home, a vehicle, small amount of jewelry and home furnishings).  Can a trust be written jointly in the state of Colorado between a mother and son? Thank you for your assistance.”

In order to set up a complicated instrument like a revocable living trust with your son, you should definitely contact an attorney who practices in that area to draft the instrument, where you are the settlor and your son is the sole beneficiary.  If you have a will or some type of arrangement already, be sure to take that to your attorney as well.