QUESTION
Can I leave the child who did nothing for me out of my will?
Asked on Aug 23rd, 2013 on Estate Planning - California
More details to this question:
I have two children. One of my children does everything for me and the other one does nothing at all.
15 ANSWERS
Admiralty / Maritime Attorney serving Monrovia, CA
at
The Law Office of Nathan Wagner
Update Your Profile
Yes, you can leave 1 of your children out of your will.
Answered on Sep 05th, 2013 at 3:51 PM
The law does not require you to include your children as beneficiaries in your will. You can choose to leave your property to anybody you want to leave it to.
Answered on Sep 05th, 2013 at 3:51 PM
Elder Law Attorney serving Hollister, CA
at
Charles R. Perry
Update Your Profile
Yes, you can leave everything to one child, and leave nothing to the other. It is considered good practice to specifically state that you are leaving nothing to one of your children, so that there is no question as to your intent. You should have a lawyer prepare your will, to make sure there will be no problem.
Answered on Sep 05th, 2013 at 3:51 PM
Yes, you can prepare your will as you like. To make it enforceable, make sure that you give your reasons for leaving out the unhelpful child. You can also start giving away things now. Finally, I recommend that you have a family trust to avoid probate. The helpful child would be the trustee after you die.
Answered on Sep 05th, 2013 at 3:51 PM
Estate Planning Attorney serving Spanish Fork, UT
at
Prigmore Law
Update Your Profile
You can give your property to anyone at your death. You are not required to give your property to your children. If you die without a will, then your property will be distributed according to your state's laws at the time of your death, which will usually include giving your children equal shares.
Answered on Sep 05th, 2013 at 3:51 PM
Bankruptcy Attorney serving Florissant, MO
at
Law Offices of Thomas Corcoran Phipps
Update Your Profile
Yes. You should specifically name that child and say that you are leaving nothing to prevent a will contest.
Answered on Sep 05th, 2013 at 3:51 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
Yes, no one has the right to inherit anything from anyone.
Answered on Sep 05th, 2013 at 3:51 PM
Yes, you may leave a child out of your will. Please take into consideration that you may be sitting up the other child for a fight in court over the estate.
Answered on Sep 05th, 2013 at 3:51 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Yes, but you must be very specific as to the child you are leaving out of the will.
Answered on Sep 05th, 2013 at 3:51 PM
Probate Attorney serving New Orleans, LA
at
James G. Maguire
Update Your Profile
You can leave your property to anyone you want to.
Answered on Sep 05th, 2013 at 3:51 PM
Yes, if you do it correctly. Consult with an attorney specializing in estate planning.
Answered on Sep 05th, 2013 at 3:51 PM
Business Entity Formation Attorney serving Salt Lake City, UT
at
Fetzer Booth Mountain West Law
Update Your Profile
The short answer is: Yes. You have the right to leave your property to whomever you want. However, if this is what you want to do, then you need to be sure to have a will or trust drafted prior to your death. If you do not, then the state considers that you have died intestate and the property then goes to your heirs (most likely your children) as directed by the state statute.
Answered on Sep 05th, 2013 at 3:51 PM
3 Awards
Absolutely. However to help avoid a Will contest I suggest getting a written doctor evaluation regarding competency and your wishes. Discuss this with both your attorney and doctor.
Answered on Sep 05th, 2013 at 3:51 PM
Thomas Edward Gates
You may leave her out of your will. However, to avoid a will contest, you should state in your will that you are not leaving her anything.
Answered on Sep 05th, 2013 at 3:51 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
Yes, you can easily do this. There may be better ways to handle this, however, since a Will requires probate and you may wish to avoid that. There are inexpensive ways to avoid probate. This could also make it tougher for the other child to contest your Will.
Answered on Sep 05th, 2013 at 3:51 PM