Is there a law that requires you to list all of your children in your Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there a law that requires you to list all of your children in your Will?
My husbands father passed away and didn’t acknowledge him or his brothers in the Will. He left everything to his current wife.
Asked on May 4, 2012 under Estate Planning, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. Children do not have an absolute right to inherit from their parents. This issue usually comes up when one child is left out. In those cases the child will argue that it was a mistake. But here, it seems that all the children are left out so that the Judge, upon challenge by the children, could make the assumption that the testator did not intend to leave it to them at all. Now, most attorneys will advise a person to specifically disinherit in Will so that there is no question. In some states that is the only way to disinherit children. It may be a good idea to speak with an attorney and see if this is a law there as well or if this is a "new" Will and executed when he may have been frail, etc., and if there was any undue influence by the wife. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.