In reference to a will, is a step daughter treated as if she is my daughter? 3 Answers as of April 09, 2012

My husband is doing his will and put my daughter down as his daughter. Is this ok> He has a daughter he does not want to leaving anything to will this confuse any issues?

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Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
In a properly made will, a relationship does not matter. As long as he indicates her legal name, and that is not confusing or possible to be confused with someone else, it should not matter.
Answer Applies to: Indiana
Replied: 4/9/2012
Broad Law Firm, LLC
Broad Law Firm, LLC | Donald K. Broad
The rules vary from state to state, but I would ensure that the will is crystal clear as to who gets what. If your husband wants to make sure that somebody does NOT take anything under the will, the will should say exactly that. I usually put a clause in the will as well that states if someone contests the will, they only get $1. Your husband should seek counsel from an attorney in your area with expertise in estate planning.
Answer Applies to: Indiana
Replied: 3/28/2012
Martin Barnes - Attorney at Law
Martin Barnes - Attorney at Law | Martin Barnes
Regarding whether your husband can leave a portion of his estate to your daughter (his step daughter): Your husband can leave his estate to whomever he chooses. Regarding a gift to the step daughter: The attorney drafting your husband's Will can use specific language that would reference the designated beneficiary as "my wife's daughter" or "my stepdaughter" followed by her name to make sure that his intention is clear and the intended beneficiary is clearly identified. Regarding the omission of his own daughter from the will: The drafting attorney can use specific language to make your husband's intentions clear. For example, "I have intentionally made no provision in this Will for my child (name )". If the reason for his decision is appropriate to disclose, the drafting attorney may add an explanation for the decision. For example, "This is because of the provisions made for my daughter in a previous trust that I established in her name. " . It is important that your husband's intentions to be made clear. There are also some specific formalities that must accompany the signing of a Will in Indiana. By working with an Indiana attorney your husband can be certain his Will is an enforceable instrument.
Answer Applies to: Indiana
Replied: 3/28/2012
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