Many elderly people in today’s society worry about the younger generations. They argue that millennials and even Gen X, Y and Z do not have the work ethic needed to be beneficial to society. They worry they do not value a democratic government. They worry they borrow too much money, save too little, spend too much, and on and on. Regardless of which side of each argument you choose, you can voice your opinion during your lifetime, and to some extent control your heirs from the grave, but there are limits.
You cannot put any terms or conditions in your will or trust that would contravene a valid law or go against public policy. The valid law part of that rule is much easier to interpret. The public policy portion may be grayer and harder to define. An estate planning attorney will be able to help you when drafting these documents to decipher what language could be construed as illegal or contravening public policy. For example, you cannot require an heir to marry a specific person, prevent an heir from remarrying or demand that an heir not marry someone of a certain race or nationality. Beneficiaries cannot be forced to adhere to conditions to inherit that will interfere with their free will to live their life as they choose.
Obviously, you cannot require a beneficiary to commit a crime or cause harm to another. While you cannot make marrying, divorcing or remarry a condition to inheritance, probate courts have upheld conditions that require a beneficiary to marry within a certain religious faith. This may not always be the case, as public policy conditions continue to evolve through the courts.
If your will contains a questionable term or condition, the probate court does not automatically void it, even if it is illegal. The beneficiary, or another interested party, must file the request to void the condition with the probate court.
There are better ways to structure your asset distribution than trying to rule from the grave. This creates a lot of ill will among your heirs and is probably not the way you will want to be remembered. No one wants to be controlled. If you have issues with the way family members are living their lives, there are ways to draft a living trust that provide incremental distributions so that your heirs do not receive a lot of assets right away. You can get very creative with trust language and you can also write a legacy letter explaining your thought process behind your decisions. This often helps your heirs understand why you are not simply giving it all away at once.
For more information on structuring your asset distribution in a manner that gives you more control, contact the estate planning attorneys at Stouffer Legal for a consultation. We can help you find creative strategies to accomplish your goals. You can schedule an appointment by calling us at (443) 470-3599 or emailing us at office@stoufferlegal.com.
