Does a grown son/daughter need to be specifically named in Will so that they will not inherit anything?

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Does a grown son/daughter need to be specifically named in Will so that they will not inherit anything?

I have 2 grown children. How do I disinherit them?

Asked on August 12, 2010 under Estate Planning, Oregon

Answers:

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

Answered 10 years ago | Contributor

Generally, you can not disinherit your spouse and you have no obligation to leave anything to your children.  That is true in the state of Oregon as well.  State law on disinheriting your children, however differs, so it is best that you consult with an attorney in your area that specializes in this area of the law to be sure that your wishes are followed out.  Some states require that you specifically disinherit your children: for reasons known to me and to my son, I am not leaving him anything in my Last Will and Testament or any part of my estate.  Some states do not care and you can just leave him or her out.  But then make sure that there is a "no contest" clause meaning that anyone who contests the Will gets nothing and a "residuary clause" as it is called in some states, for any property not specifically left to someone: All the rest, residue and remainder of my estate goes to X.  Good luck.


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