I am wondering whether to test out the service for some questions/advice I have about creating a will, as well as, some

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Customer: I am wondering whether to test out the service for some questions/advice I have about creating a will, as well as, some child custody questions I have in Alberta.....Is that something your service can provide?
JA: What steps have you taken? Have you filed any papers in Alberta family court?
Customer: My husband states yes he has filed papers in Alberta family court, but has lost them now. His situation has changed as he is remarried (to me), and we are expecting our first child together--and we had some questions regarding child support for his daughter that lives primarily with her mom (although he says they have shared parenting time).
JA: Have you talked to a lawyer about this yet?
Customer: No. Just a mediator.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Well first off, I am primarily wondering about creating a will.....is this a service covered?
Answered by Debra in 11 mins 1 year ago
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Debra
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Debra
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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.

Customer
Hello Debra, my name is***** am looking at creating a will and have some questions-is that something you are able to help with?
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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.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

Customer
Ok, that is fine.
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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.

Customer
Ok, sounds good. I am working on the wills now, so I will stick with that. My husband is my my beneficiary and vice versa. However, in the event we both pass together, or within 30 days of each other, our children (whom are minors) will be the beneficiaries. I am not sure how to address this in the will in regards ***** ***** our executor money to pay for funeral costs and for the named guardian to have funds to raise the children?
Customer
Also does the executor automatically become the trustee in this event? Or can two separate people be named?
Customer
Essentially, we would both like each other to be each others executors and beneficiary. However, when it comes to should we both pass, I have questions about how to leave the estate to minors--and also wondering if we name our kids as contingent beneficiaries on our life insurance, does that need to be addressed in the will in regards ***** ***** (but how can we ensure the executor has enough money for funeral costs etc. if our kids are our minor beneficiaries?). Also, to add to that, I am younger of the two of us, and my husband has a daughter which will be named on his life insurance policy-however, I am including my son only in my life insurance and will. Is that ok? Or is my step daughter entitled to a portion of the estate (she resides primarily with her other family, and the house/mortgage is in my name and purchased by myself and not my husband).
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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?

Customer
that does help. Just to be clear, if I create a trust in my will for my son, then any money he would be entitled to (whether my pension or life insurance etc.) would automatically go into the trust and be followed as per my instructions in my will?
Customer
finally, would I also need to set up a separate trust for the named guardian in order to have funds to raise my son? Or should I consider leaving part of the estate to the guardian?
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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.

Customer
Ok great thank-you. Just out of curiosity, how does the guardian obtain funds to raise my son? Do I have to mention that in the will, or will an automatic portion of that go to the guardian?
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Debra, Expert

Either the guardian is the trustee of the trust or the guardian gets the funds from the trustee.

Customer
That makes sense. By law, are they legally entitled to a certain portion of funds from the trust even if I do not specify that in the will?
Customer
I think I actually answered my question lol. Thanks so much for the help. So in order to ask questions about the child custody I need to end this session and request a new one?
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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.

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