QUESTION
Is it legal to leave one of your children out of your will?
Asked on Aug 23rd, 2013 on Estate Planning - California
More details to this question:
One child does everything for me and the other one doesn't.
13 ANSWERS
Yes, if the child is an adult. You will need to make it clear in your will that you are deliberately leaving nothing to that child. However, to prevent bad feelings between your children after your death, it might be wise to leave a small bequest to the one who doesn't help and then state you are leaving the majority of your estate to the other because of the assistance he or she provided to you during your life.
Answered on Sep 05th, 2013 at 3:50 PM
2 Awards
Yes, you can disinherit a child in your will, if you like. However, it gives the disinherited child a reason to contest the will, so tread carefully.
Answered on Sep 05th, 2013 at 3:50 PM
Yes, but state in the Will why you are doing it that way.
Answered on Sep 05th, 2013 at 3:49 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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In Oregon, yes. Name both children in the Will, and say specifically that you knowingly make no provision for the one who is out.
Answered on Sep 05th, 2013 at 3:49 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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Yes, but you must specifically recognize the other child as being your child and that you do not wish to provide for that child in the will or you "disinherit" that child.
Answered on Sep 05th, 2013 at 3:49 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, it is legal. However, the better practice is to acknowledge that you have the child but put a statement in there that you choose to give that child nothing.
Answered on Sep 05th, 2013 at 3:49 PM
Estate Planning Attorney serving Spanish Fork, UT
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Prigmore Law
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You are free to put whatever you like in your will. If you name one child, and leave the other out, your will is still valid. Make sure that you are following the requirements for wills in your state. Your state bar office will usually have some information to give you regarding how to prepare a legal will.
Answered on Sep 05th, 2013 at 3:49 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Yes, no one has the right to inherit from anyone.
Answered on Sep 05th, 2013 at 3:49 PM
2 Awards
It is but you need a very good lawyer who will detail why you are doing what you are doing, have it independently reviewed to make sure the child you leave out has no grounds to contest your decision.
Answered on Sep 05th, 2013 at 3:49 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes. This can certainly be done. There are probably better ways to do this than through your Will, however. Wills require probate, which is expensive and provides a mechanism for the other child to contest your Will. I would structure this differently, based on your assets, your objectives and the beneficiary in question.
Answered on Sep 05th, 2013 at 3:49 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes, but you must specify and be very clear of the fact you are leaving a child out of the will.
Answered on Sep 05th, 2013 at 3:49 PM
3 Awards
Yes. There is no right to an inheritance by a child. A child may be left nothing. There are a few exceptions if the child is under 18 and the estate is valued at $100,000 or less. Not providing for a child 18 or over is very common.
Answered on Sep 05th, 2013 at 3:49 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Yes. You must mention the existence of the other child by name, but you can leave a child nothing.
Answered on Sep 05th, 2013 at 3:49 PM