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Debra, Expert
Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
Debra, Expert
Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.
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Debra, Expert
I know your question is important to you and I will be giving it the time and attention it deserves.
I am sorry to hear of this difficult situation.
I can answer your questions about the will and about custody. I can't answer both sets of questions on this post so please go ahead with one area and I will answer you and then when we are done you can start a new post.
I cannot draft your will but I can answer your questions.
Debra, Expert
I assume that you were going to retain an estate lawyer to draft your wills.
Is common place for spouses to appoint each other as executors and even sole beneficiaries.
You would also set up an alternative executor and an alternative trustee for the children's estate if you both were to die at the same time. You would also have to appoint someone to be the legal guardian of your children in case that were the situation.
They will will give the power to the executor to collect the assets, pay taxes debts and funeral expense etc. The bulk of the funds would either go to the other spouse or to the trust for the children depending on the circumstances. The way you would set up the trust in the will would be to give the trustee discretion as to how to pay out the funds.
You don't have to deal with the life insurance in the will. The life insurance can have a designated beneficiary and then an alternative beneficiary and for the minor children it would be designated to be left in trust for them.
You do not have to designate your stepdaughter to be a beneficiary under the life insurance.
Your insurance broker or insurance agent would be able to assist with the proper wording if you haven't already done that.
Does that help?
Debra, Expert
No the life insurance is separate but you can designate the same Trustee to be trustee of those funds as well.
The pension is also separate in the same way.
You leave all of the funds to your son and you designate a trustee to be in charge. You do not leave any of this estate to the guardian.
Debra, Expert
Either the guardian is the trustee of the trust or the guardian gets the funds from the trustee.
Debra, Expert
Yes please!
Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.