If we only name1 child as a beneficiary and do not name the other adult children from previous marriages in our Will, will we encounter problems?

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If we only name1 child as a beneficiary and do not name the other adult children from previous marriages in our Will, will we encounter problems?

Asked on September 21, 2011 under Estate Planning, Florida

Answers:

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

Answered 10 years ago | Contributor

It is perfectly legal to disinherit your children. A child has no automatic rights if inheritance. However, the best way to do this is to mention your children, each by name, in the Will and the fact that they are not receiving a bequest (gift) under it. This way there cannot be a Will contest down the line based on the fact that they were accidentally left out. In fact some states require such language.

Your best bet at this point is to consult directly with a probate attorney in your area. They can best advise as to your rights under specific state law.


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