North Dakota Mutual Wills or Last Will and Testaments for Unmarried Persons living together with Minor Children

What happens to the death benefit if you name a minor as a beneficiary? If your beneficiary is under the age of majority when you die, the death benefit will be given to a custodian of the funds to hold on to. This guardian can be court-appointed, but the court will most likely choose the surviving parent.

Children who are under the age of 18 are deemed to lack legal capacity to receive a gift. Where a gift in your will is going to a child under 18 (which may be a child of a deceased beneficiary), you can give your executors and trustees the option to make the gift to the child's parent or guardian.

If your child inherits property or money of substantial value, the court may appoint a guardian or custodian to hold and manage the inheritance for the child until they reach the age of majority.However, in some states the age of majority could be 21 years old, depending on the amount of the inheritance.

A will can also be declared invalid if someone proves in court that it was procured by undue influence. This usually involves some evil-doer who occupies a position of trust -- for example, a caregiver or adult child -- manipulating a vulnerable person to leave all, or most, of his property to the manipulator instead

For many people, creating a will can be a difficult process. Some couples think that they can have one joint will together, but this is not a sound approach.Even if the majority of the information in your wills is nearly identical, you still need to each have your own.

Minors to inherit at age 18 (or younger) In a bare trust situation, the only issue preventing the minor from taking their inheritance at your death is their minority. At 18, the minor would be able to call for their inheritance. In addition, the inheritance would belong to the minor in all senses from your death.

Fraud or Undue Influence A nonfamily caregiver forcing the testator to leave them an inheritance. A family member getting the testator to sign a will by pretending it is just a general legal document that needs a signature.

When property is left directly to a minor beneficiary, such as through joint ownership of property or a payable-on-death account, the minor won't have the legal authority to take control of it because of their age.Typically, the closest kin will inherit the property.

A joint will is a legal document executed by two (or more) people, which merges their individual wills into a single, combined last will and testament. Like most wills, a joint will lets the will-makers name who will get their property and assets after they die. Joint wills are usually created by married couples.