QUESTION
Do I have to leave each child something when I do my estate planning?
Asked on Dec 28th, 2012 on Estate Planning - Texas
More details to this question:
I have 4 children, one disowned me, one threw me out on the street, out of my own home, one just is bad, so do I have to give them anything?
35 ANSWERS
No.
Answered on May 28th, 2013 at 1:34 AM
Tax Attorney serving Portland, OR
at
Bullivant Houser Bailey PC
Update Your Profile
No.
Answered on May 28th, 2013 at 1:33 AM
Trust Attorney serving Cincinnati, OH
at
Paul A. Nidich Attorney at Law
Update Your Profile
No.
Answered on May 28th, 2013 at 1:30 AM
Trusts & Estates Attorney serving Berkeley, CA
at
Law Office of Scott Pesetsky
Update Your Profile
California law allows you to give your property to anyone you want, but has protections for forgotten spouses and children. See a qualified attorney for help, or your children may be able to use statutory protections to claim a share of your estate.
Answered on Jan 04th, 2013 at 6:28 AM
Residential Attorney serving Hartford, CT
at
Halloran & Sage LLP
Update Your Profile
No. It's entirely your choice of what to do with your assets. You can spend it all; give it all to one child; give it all to charity - whatever you wish.
Answered on Jan 04th, 2013 at 5:34 AM
Shadi Ala'i AlaiShaffer
You do not have to give your children anything if you do not want. If you prefer a complete estate plan which includes a Trust and a Will you can designate who you want your beneficiaries to be and you can legally disinherit your children. If you pass away without a Trust/Will then more than likely your estate will go to your legal children equally under the law.
Answered on Jan 04th, 2013 at 3:21 AM
No, you do not have to leave your children anything. If you want to do that, you should name them in your Will and state specifically that you are not leaving them anything. You do not have to give a reason and it is better legally to not give a reason.
Answered on Dec 30th, 2012 at 12:35 PM
General Civil Trial Practice Attorney serving Oklahoma City, OK
Partner at
Denker & Associates, PLLC
Reviews not shown
1 Award
No. You can disinherit all of your children in a will or trust agreement.
Answered on Dec 30th, 2012 at 12:34 PM
Thomas Edward Gates
No, you are not required to leave them anything in your will.
Answered on Dec 30th, 2012 at 12:34 PM
2 Awards
No you do not have to leave something to each child. Some attorneys would suggest you do to avoid a contest. I strongly recommend working with an attorney who can completely and accurately address the reasons WHY are are disinheriting a child in your will or trust in order to help defend against any contest.
Answered on Dec 30th, 2012 at 12:32 PM
Glen Edward Ashman
A good lawyer can help you properly disinherit adult children.
Answered on Dec 30th, 2012 at 12:32 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
No. You can leave your assets to whoever you wish.
Answered on Dec 30th, 2012 at 12:32 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Nope. I do like to put a statement in the wills I draft that the testator chooses not to leave anything to the child. That way, there can be no claim that you forgot them. It is your money and your assets, you can leave it to whomever you want.
Answered on Dec 30th, 2012 at 12:31 PM
Probate Attorney serving St. Louis, MO
at
Edward L. Armstrong, P.C.
Update Your Profile
You do not have to leave your children anything but there names should be stated in your will with your statement that you make no provision for them.
Answered on Dec 30th, 2012 at 12:31 PM
You can distribute your property as you see fit. You do have to specifically mention the heirs you are not providing for in the will or they can challenge claiming they were inadvertently omitted. If you don't leave a will they may take a share under the laws of intestate succession.
Answered on Dec 30th, 2012 at 12:30 PM
No, you do not. Make it clear that some of your children will not receive anything in the will.
Answered on Dec 30th, 2012 at 12:30 PM
Child Custody Attorney serving Ontario, CA
at
Law Offices of Sherrie L. Davidson LLC
Update Your Profile
You do not have to leave anyone anything. However, each child should be specifically named to Show your intent that they receive nothing rather than saying nothing about them. This ensures your intent and not that they were mistakenly left out.
Answered on Dec 30th, 2012 at 12:29 PM
Agriculture Attorney serving Fresno, CA
at
The Law Offices of Tres A. Porter
Update Your Profile
Absolutely not. However you should absolutely contact an estate planning attorney in your area as soon as possible. If you die without having a will, trust, or estate plan in place in California a portion of your estate will go equally to all of your children.
Answered on Dec 30th, 2012 at 12:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
No, but see an attorney to make it stick. You will have to have at least a will.
Answered on Dec 30th, 2012 at 12:29 PM
Real Estate Attorney serving Honolulu, HI
at
Zahaby Law Offices
Update Your Profile
If you do a valid Estate Plan you can leave your estate to anyone you wish. You may also not to leave anything to certain children. If the you will be disinheriting certain children it is important to avoid both probate (no Living Trust) and intestate succession (no Will).
Answered on Dec 28th, 2012 at 4:25 PM
Elder Law Attorney serving Hollister, CA
at
Charles R. Perry
Update Your Profile
Nothing requires you to leave anything to any of your children in your will. You need to make your will absolutely crystal clear, however, that you do not intend to leave them anything. You would be wise to consult with an estate-planning lawyer as to how this can best be done.
Answered on Dec 28th, 2012 at 4:25 PM
Business Attorney serving Riverside, CA
at
Berger and Raphael, LLP
Update Your Profile
No you have no obligation to leave your children anything.
Answered on Dec 28th, 2012 at 4:23 PM
Business Litigation Attorney serving Orange, CA
at
Law Offices of Frank Granato
Update Your Profile
You don't have to leave them anything; however, be sure you specifically state that in your will.
Answered on Dec 28th, 2012 at 4:23 PM
What you can do with a will or trust or other estate planning belongs entirely to you. With a will, or a trust or other estate planning, your estate could be divided equally among your surviving children. Using the authority you have to punish or get even with one or more of your children may not be the best choice but it belongs to you. You cannot be put out of your own home. You need to consult an attorney about that immediately.
Answered on Dec 28th, 2012 at 4:19 PM
Probate & Trust Attorney serving Seminole, FL
at
Law Offices of Phillip Day, P.L.
Update Your Profile
No, you don't. You can leave everything you own to charity if you like or to your next door neighbor. However, I'm a firm believer of using estate planning as a way to reconcile if at all possible since death is so absolute and there is no way to ever take back things that are said once you pass away. I encourage all of my clients to use estate planning as a way to tell your kids that you are upset and that if things don't change, then there is no reason to change the plans. For example, you can choose to disinherit your one of your children, and leave small percentages to two others and the vast majority to the one that is kind to you. Then you invite your kids to thanksgiving and talk to them about your estate plans and have them read what was signed. Some will be very upset and may ask why. Many of my clients are surprised that they ask why and as I always tell them that most of the times family disputes are simply miscommunications and that one party sometimes doesn't even understand or is aware of the problem. If you can air out your issues while you are alive, it gives everyone a chance to talk and at least come to peace with your wishes. Otherwise you could die and they would be terribly confused and point their animosity towards their siblings who may have nothing to do with the original dispute. So to answer your question, you can do what you want, but instead of using your will as a sword to strike the last blow, I would try to use it as a way to open up a line of communication and telling them that you can change the will if family harmony and peace is possible.
Answered on Dec 28th, 2012 at 4:17 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
My practice is to leave each child 100 dollars, which shows that you thought about them when planning your estate. Or you could mention each one and specifically disinherit each child. You have to be very specific as to your intentions.
Answered on Dec 28th, 2012 at 4:08 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
No you do not. First, if you're over 65 and a child literally threw you out of the home you own, contact Adult Protective Services for your county. That's elder abuse. Second, you do not have to leave anything to your kids.
Answered on Dec 28th, 2012 at 4:04 PM
If your children are adults, you do not have to provide for them in your estate plan - you can leave your estate to whomever you choose; however, if you do not complete an estate plan during your lifetime, your children may be the statutory heirs of your estate. I recommend you consult with an attorney as soon as possible to discuss your objectives.
Answered on Dec 28th, 2012 at 3:59 PM
2 Awards
No, but you should consult an estate planning attorney.
Answered on Dec 28th, 2012 at 3:59 PM
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
No, you do not need to leave anything to any of your children. However, you must mention them in your will. Therefore, for example, "I have four children, namely A, B, C, and D. I give my entire estate to E and F." If you want, you could even throw in, "I give nothing to my issue." Don't put in your reasons.
Answered on Dec 28th, 2012 at 3:58 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
at
Whiteford, Taylor & Preston L.L.P.
Update Your Profile
Assuming all of the children are adults, you don't have to leave anything to them. A minor child is entitled to receive $2,500 from a parent's estate.
Answered on Dec 28th, 2012 at 3:58 PM
Tax Attorney serving Naples, FL
at
Henderson, Franklin, Starnes & Holt, P.A.
Update Your Profile
No, but your will should be drafted carefully to help avoid challenges by your heirs who are left out.
Answered on Dec 28th, 2012 at 3:58 PM
3 Awards
No, unless a child is under 18. There are certain rules when a child is under 18. Aside from that, you can leave your assets to whomever you choose. However, you should mention them, so it is clear that you know you have children then disinherit the ones you do not wish to include.
Answered on Dec 28th, 2012 at 3:57 PM
Probate Attorney serving Palatine, IL
at
Law Offices of Robert H. Glorch
Update Your Profile
No you don't. But anytime you disinherit an heir, you want to do it carefully and deliberately, and with the assistance of an attorney, to minimize the opportunity to contest.
Answered on Dec 28th, 2012 at 3:57 PM
No, the disposition is up to you. If you fail to make a Will, however, they will all likely take through intestacy.
Answered on Dec 28th, 2012 at 3:56 PM