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I want to disown my 25 year old daughter.

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Shadowprey

Junior Member
What is the name of your state (only U.S. law)? I live in Mo.
I'll start from the beginning so you will know where I'm at in my thoughts. My 25 year old daughter and I have not ever been close. I do not and will never approve of her bad decisions she continues to make. I assure you we both have no use for each other. Recently she had a baby and we tried to make ammends, but that went south when I found out she was only here because she found out about a law suit my husband, who is her step father and I are involved in. This suit has nothing to do with her, it's based on wrong doing to my husband and I. I have two other children who have the same father as she and she is so jealous of them I don't believe she will ever see things differently. I'm in the process of making my will and I want to be sure that she can not come back and take what I leave others, how do I make this legal? Is there a way I can disown her so that she has no claims on any property of mine at all?
Thank you for your time.
 


nextwife

Senior Member
Option A:

Live long enough to use up all of your money, which will make it impossible for her to inherit anything.​

Option B:

Use an estate planning attorney to make certain all is properly drafted and executed in accordance with your wishes and applicable state law.​
 

SIN EATER

Member
Name all your children in your will, including her. State that you are intentionally not leaving her anything. You can soften, or explain this with a statement such as: 'As she has divested me of so much already, I leave her nothing to allow her to gain independence and earn her own way in life.' (It is not a legal necessity to add a reason, but you do want to demonstrate that your leaving her nothing is a deliberate act on your part and not an oversight by you [not a pretermitted child]).

You might consider leaving her share to your grandchild, her daughter.
That child will have a hard road if Mom is a n'er-do-well, and will need some help with a start in life.
Maybe you can place the money in trust for that grandchild and any others from that daughter, to be paid upon their 21st birthday ?

Bear in mind that wills can be easily rewritten - how you feel today may change by next year.
You may later decide to include her; it is not difficult and should not be expensive to write a new will (should be a small charge by an estate attorney).

You should use an attorney to do a will.
 
Make sure that you leave her $1.00 in your will. That will prevent her from tying it all up in probate. Make directives for your children at home, should they still be minors in the event of your passing before they become adults. If she causes so much disruption in your home, you should be able to get a Restraining Order, not a Protective Order, that would prohibit her from contacting any of you at your home. If death seems to be imminent, you can request that this R.O. become permanent, so that should you pass, the order would still prevent her from contacting the kids and causing disruption in their lives.
 

Shadowprey

Junior Member
Thanks for the help

Thank you for helping with an answer, I will contact an attorney and set this up. Sorry to sound so grim in these posts, but I have just had enough. The idea with my grandchildren is a very good one and I will be sure to do that, you are right they will need some help in the future. Thanks again folks.
 

mmmagique

Member
Just for clarification, a pretermitted heir is someone who would normally stand to inheirit under a will but the person making the will did not know about that person's existence.
I'm pretty sure mom knows her daughter is her kin.
 

seniorjudge

Senior Member
Just for clarification, a pretermitted heir is someone who would normally stand to inheirit under a will but the person making the will did not know about that person's existence.
I'm pretty sure mom knows her daughter is her kin.
In other words, a bad heir day.
 

Zigner

Senior Member, Non-Attorney
Just for clarification, a pretermitted heir is someone who would normally stand to inheirit under a will but the person making the will did not know about that person's existence.
I'm pretty sure mom knows her daughter is her kin.
WRONG (in MO):

Missouri Revised Statutes
Chapter 474
Probate Code--Intestate Succession and Wills
Section 474.240

August 28, 2008


Share of omitted children, how determined.

474.240. 1. If a testator fails to provide in his will for any of his children born or adopted after the execution of his will, the omitted child receives a share in the estate equal in value to that which he would have received if the testator had died intestate, unless:

(1) It appears from the will that the omission was intentional;


(2) When the will was executed the testator had one or more children and devised substantially all his estate to the other parent of the omitted child; or

(3) The testator provided for the child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator, the amount of the transfer or other evidence.

2. If at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes the child to be dead, the child receives a share in the estate equal in value to that which he would have received if the testator had died intestate.

3. An illegitimate child is not a child of a male testator, for the purposes of this section, unless the testator, during his lifetime or in the will, recognized that the child was his.

4. In satisfying a share provided in this section, the devises made by the will abate as provided in section 473.620, RSMo.
 

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