Do I have to give my siblings a percentage from my dad’s Will?

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Do I have to give my siblings a percentage from my dad’s Will?

My dad changed his Will leaving everything to me – including bank accounts, CDs, saving bonds. I want to know if I have to give my siblings any percentage of money even though they have an honorable mention?

Asked on February 7, 2011 under Estate Planning, Georgia

Answers:

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

Answered 10 years ago | Contributor

There is no legal requirement that you do so.  A parent can disinherit their children, or some of them.  In many states, as a protection against accidental disinheritance, the children who do not receive a bequest must be specifically named in the Will.  This serves as evidence of the testor's intent to deliberately omit their children.  This I assume is what you mean by "honorable mention".  However the law varies from state-to-state.  You should consult with the attorney who drafted the Will or another probate attorney.

Note:  If you exerted some form of "undue influence" over your father such that you in some way persuaded him to leave nothing to your siblings in his Will, they could contest it.  While not easily done, if they were successful they would then have a claim to a share of your father's estate.


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