Can I leave the child who did nothing for me out of my will? 20 Answers as of September 05, 2013

I have two children. One of my children does everything for me and the other one does nothing at all.

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Law Office of Thomas C. Phipps | Thomas C Phipps
Yes. You should specifically name that child and say that you are leaving nothing to prevent a will contest.
Answer Applies to: Missouri
Replied: 9/5/2013
Jeffs & Jeffs, P.C.
Jeffs & Jeffs, P.C. | Kenneth A. Prigmore
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.
Answer Applies to: Utah
Replied: 9/5/2013
Frederick & Frederick PLC | James P Frederick
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.
Answer Applies to: Michigan
Replied: 9/5/2013
Law Office of Nathan Wagner
Law Office of Nathan Wagner | Nathan J. Wagner
Yes, you can leave 1 of your children out of your will.
Answer Applies to: California
Replied: 9/5/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Yes, but you must be very specific as to the child you are leaving out of the will.
Answer Applies to: California
Replied: 9/5/2013
    Estrada Law P.C. | Michele Ungvarsky
    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.
    Answer Applies to: New Mexico
    Replied: 9/5/2013
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    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.
    Answer Applies to: Oregon
    Replied: 9/5/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    You should contact an estate planning attorney to assist with your will. If you want to disinherit a child, you will need an attorney's assistance to properly word your will, so that the child cannot contest.
    Answer Applies to: California
    Replied: 9/5/2013
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, yes, one can leave a child out of one's will. One is not required to bequeath to anyone in particular, including a child.
    Answer Applies to: Maryland
    Replied: 9/5/2013
    Thompson Ostler & Olsen dba Franchise Business Law Group | Brooke Ashton
    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.
    Answer Applies to: Utah
    Replied: 9/5/2013
    Law Office of Edward M. Burgh, APC | Edward M. Burgh
    Yes as long as you name them and say they are not to share in the estate.
    Answer Applies to: California
    Replied: 9/5/2013
    Durham Jones & Pinegar | Erven Nelson
    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.
    Answer Applies to: Nevada
    Replied: 9/5/2013
    Gates' Law, PLLC | Thomas E. 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.
    Answer Applies to: Washington
    Replied: 9/5/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    You surely can. This is your will.
    Answer Applies to: Florida
    Replied: 9/5/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Yes, if you do it correctly. Consult with an attorney specializing in estate planning.
    Answer Applies to: Colorado
    Replied: 9/5/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    Yes, no one has the right to inherit anything from anyone.
    Answer Applies to: Delaware
    Replied: 9/5/2013
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    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.
    Answer Applies to: California
    Replied: 9/5/2013
    Law Offices of Robert P Bergman
    Law Offices of Robert P Bergman | Robert P. Bergman
    Yes, you may. It is important, however, that the child be specifically identified in the Will and then disinherited. You do not have to give a reason.
    Answer Applies to: California
    Replied: 9/5/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    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.
    Answer Applies to: Nevada
    Replied: 9/5/2013
    Attorney At Law | James G. Maguire
    You can leave your property to anyone you want to.
    Answer Applies to: Louisiana
    Replied: 9/5/2013
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