QUESTION
Does my step daughter have a claim to any of my estate if I do not name her in my will?
Asked on Jul 19th, 2014 on Estate Planning - California
More details to this question:
My husband only left a small life insurance to his 3 children (which was divided equally between our 2 children and his daughter). The rest of his estate was left to me. Just wondering if my step daughter will have a claim to the estate that I want to leave my children.
4 ANSWERS
2 Awards
It is hard to say without seeing your husband's will and yours. The short answer is, anything left to you, you are free to leave to whomever you choose.
Answered on Jul 23rd, 2014 at 2:56 PM
If you prepare a proper Will, you can name all those who will receive anything from your estate and those not named receive nothing unless they contest the Will. There are many form books, including from Nolo Press, that show you how to prepare a simple Will. If you wish to exclude someone from getting anything, especially a blood or adopted relative, it is best if you name them and state why you do not want them to get anything.
Answered on Jul 23rd, 2014 at 2:40 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Not if you have a valid will.
Answered on Jul 22nd, 2014 at 6:44 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No, but it is a good idea to set up a will/trust, and name her specifically and award her only $100.00.
Answered on Jul 22nd, 2014 at 3:14 PM