Legal Question in Wills and Trusts in Washington

Trust for Minor

I would like to put my estate into a trust and have my twelve year old daughter be the beneficiary. If I pass away, can her biological father sue the trust for support?


Asked on 12/10/07, 3:16 pm

2 Answers from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Trust for Minor

Mr. Busch's answer is spot on. You owe no duty of support to your child's biological father, and he has no basis to sue you for support, living or dead.

If you were to die with no will while your child was still a minor then the Court would appoint a Guardian ad Litem and a Guardian to look after her estate while she was a minor, and distribute everything you own to her on her eighteenth birthday.

The advantage of a trust is that you can direct who will look after her, what you want them to do with your money, and you can also direct that the estate stay in trust until she's older.

Hope this helps. Elizabeth Powell

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Answered on 12/14/07, 12:10 am
Bruce Busch Bruce R. Busch, Attorney at Law

Re: Trust for Minor

No, if the trust is properly drafted and your estate owes no obligations under the terms of the divorce decree or the parenting plan.

I suggest you consult with an competent estate planning attorney regarding the creation of a revocable living trust or testamentary trust for the benefit of your child.

Remember, I'm an attorney but I'm not YOUR attorney. Only a thorough review of your situation by a competent attorney after an attorney-client relationship has been established will result in an informed legal opinion.

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Answered on 12/12/07, 1:26 pm


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