Ca my mother will her half ownership of a restaurant to me without interference from my 2 siblings?

My mother is a half-owner of a restaurant she would like to will her half ownership to me, her son. I have 2 sisters. Can my mother do this without my sisters having any rights to it and without them being able tocontest the Will?

Asked on January 17, 2019 under Estate Planning, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

As a general rule, an individaul can bequeath anything they own to whomever they choose. Further, there is no law that mandates a parent include their children as beneficiaries of their estate. In other words, a parent may disinherit a child. Your sibings would have no legitimate claim with which to contest your mother's Will unless they could prove that you unduly influenced her, she was incompetent as the time she executed the Will, committed some tye of fraud, etc. Absent that, there is no barrier to your mother willing her half ownership to you without interference.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, she can. A person may will anything she owns to anyone she chooses. There is no guaranty of inheriting from a parent, no right to inherit, and not legal obligation to treat all children alike or fairly: you mother may will this to you and not your sibliings, and they have no right to interfere.


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