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In a will can you state that a child has to go to a college that meets certain guidelines in the will to receive any money?

We are preparing to have a will done. In case we both die & our kids are being raised by guardians named in our will. Can we legally write in our will that our kids have to go to a college that meets our guidelines (which will be wrote in the will) & finish a diploma or degree to receive any left over money after the college has been paid for in the trust fund?

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Attorney answers (2)

Reputation Level 11
Yes. Just be sure that the will is carefully drafted by an attorney to address this issue.

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Reputation Level 14
This can absolutely be done. Under the direction of a lawyer, either use in a will with a testamentary trust or a stand alone trust. Either document you choose would need detailed provisions which set forth the specific requirements you are imposing on each child and what needs to be done to obtain the inheritance after the requirements are met. The trust language will establish a trustee to hold the money for your children, until your terms are satisfied, and will set forth the duties of the trustee in managing and growing the money until the children present a diploma or degree. It will also provide for contingencies such as the death of a child, before the money is distributed or the failure of a child to meet your requirements and what should happen to that share.

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