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What is a living will and do I need one? I have a 5 year old daughter and I want her to receive the proceeds of my estate. Do

League City, TX |

I need a trust? Who would be the trustee? I also do not want my daughters father to receive any of the proceeds of my estate.

Attorney Answers 3


  1. Your trustee would be a prudent financial person other than your daughter's father.
    A trust would be the best way to control your estate for the benefit of your daughter.
    A living will states that you do not want to be prolonged if you are in a vegatative or end stage condition.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  2. A living will (now called a Directive to Physicians) is an advanced medical directive that, generally speaking, states whether you would or would not prefer to receive heroic measures if you have been given a terminal or irreversible diagnosis. It provides guidance for your loved ones and doctors if you are unable to express your own wishes. It does NOT control the disposition of your assets after your death.

    If you wish to leave your assets to your daughter, your best bet is to hire an estate planning attorney to draft a Last Will and Testament and/or Trust for you. After gathering information about the size of the Trust, your family circumstances, etc., your attorney will assist you in choosing an appropriate Trustee. Your attorney can help you set up the trust so that your daughter's inheritance is protected.

    DISCLAIMER: The Valkovich Law Firm, PLLC provides this information to you only for the educational purposes of imparting general information and a general understanding of the law. This answer does not offer legal advice. The use of this information does not create an attorney-client relationship between you and The Valkovich Law Firm or any of its attorneys. Do not use this information as a substitute for specific legal advice.


  3. I agree with my colleagues. You need to consider a living trust for your daughter. You do not have a simple situation, however, and you should not even consider trying to handle this without the help of an estate planning attorney. Your daughter's inheritance is at stake.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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