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

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“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.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney

A house attorney has answered this question.