If I have 2 grown sons that I do not want to share in my estate, what can I do to make my wife or others the sole heir of my investments and property?

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If I have 2 grown sons that I do not want to share in my estate, what can I do to make my wife or others the sole heir of my investments and property?

Asked on November 1, 2013 under Estate Planning, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

What you want to do is some estate planning.  Generally speaking, children do not have an absolute right to inherit from their parents.  And as long as everything is jointly owned with your spouse she will inherit automatically upon your death.  But if you want to leave somethings to "others" it is important that your Will specifically disinherit your children (but double check with an attorney in your area how the law wishes that worded), otherwise there could be a claim that you did not know the "objects of your bounty" in a Will contest.  Now, you can also consider a trust in which your wife is the beneficiary and the "others" contingent beneficiaries.  There are a ton of options.  Go and speak with some one.  Good luck.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, in your state you may disinherit your children. You must have a will; the will must state specifically that you are not leaving anything to your children; and it should make sure that the people (such as your wife) who receive your estate receive a total of 100% of it. A trusts and estates attorney can draw up a will for you that will accomplish your goals.


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