Can my mother will her granddaughter her estate even if all her children are still living?

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Can my mother will her granddaughter her estate even if all her children are still living?

Asked on January 26, 2016 under Estate Planning, Louisiana

Answers:

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

Answered 5 years ago | Contributor

A person can disinherit an adult child(ren). However, to do so, it is generally necessary to specifically state in the Will that their omission is intentional. Additionally, so long as the beneficairy (the granddaughter) has not coherced or in some other way unduly influenced this decision and the maker of the Will (the grandmother) was mentally competent at the time, then a bequest leaving an estate to a them in lieu of the maker's children is perfectly legal.


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