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| THE "PIPE DREAM" WILL SOURCE: RECER EXPERIENCE. A lady of about 40 years came in for estate planning in Manassas, VA. Having been a legal secretary, she had some knowledge of legal affairs. Using her professional skills, she drafted and executed her own will ... and in that will, she made some "pipe dream" or precatory clauses. For example, she ordered her husband to place their children in private elementary and secondary school. When I pointed out that she had no authority over human beings who survive her, she was shocked. She thought that she could tell them how to live their lives. And, certainly, she could tell them to do anything that she wanted to tell them; but, her orders would not be enforceable. Could she have provided private-school education for her children in some other document? To some degree, yes. If she so chose, she could have created and funded an educational trust that would pay only for private education. Then, if she died and her husband survived her, he would have the money to send them to private school; but, as their only parent, he would not be forced to follow the desires of deceased person. See also, Spendthrift Trust |
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