QUESTION

Can the father not leave anything to the last daughter?

Asked on Jul 28th, 2013 on Estate Planning - California
More details to this question:
My father is trying to make his will. He has 3 adult daughters from his first marriage and 1 from his last. The last daughter has refused to have a relationship with him for years and has a history of causing emotional and physical abuse to him. We live in California.
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6 ANSWERS

Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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Yes. She must be mentioned in the will, but he does not need to leave anything to her.
Answered on Aug 02nd, 2013 at 7:48 PM

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He has the right to include or exclude anyone he wants from his estate. It is safer if he gives a reason for excluding her. Before making a Will by himself, he should read some lay person guides to doing so, such as from Nolo Press, so that he does not make any mistakes and knows what to expect and what needs to be covered.
Answered on Aug 02nd, 2013 at 7:48 PM

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Admiralty / Maritime Attorney serving Monrovia, CA at The Law Office of Nathan Wagner
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Yes, he can write his Will and do his estate planning in such a way that his daughter does not inherit from him.
Answered on Aug 02nd, 2013 at 7:48 PM

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Elder Law Attorney serving Hollister, CA at Charles R. Perry
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A parent can intentionally leave nothing to one or more of his or her children. Nothing requires that a parent divide his or her estate equally, or that each child even receive something. However, in this case the will should expressly state that the child in question is to receive nothing under the will. This will help stave off any claim later on by the disinherited child that the maker of the will inadvertently forgot to include him or her. Anyone interested in doing this should probably have their will reviewed by an attorney for advice and assistance, to ensure that their wishes will be fulfilled.
Answered on Aug 02nd, 2013 at 7:48 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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A person can leave their estate to whomever they want. If he doesn't want to leave anything to her, he can do a will leaving her out. He should however state very clearly in the will why he is leaving her out so she has a harder time contesting it. It is also sometimes advisable to leave her something so it discourages her to contest it. Your father needs to see an attorney to make sure it is all done right.
Answered on Aug 02nd, 2013 at 7:48 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Yes the father can disinherit the last daughter, but he must specifically name her in his will disinheriting her.
Answered on Aug 02nd, 2013 at 7:47 PM

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