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  1. #1
    santebarbara is offline Junior Member
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    Excluding a child from inheritance

    What is the name of your state? New York

    My parents are in the process of getting their estate in order. They would like to exclude one child of five (my brother) from any claim to their house. What would be the most iron-clad way of doing this? Any financial assets they possess have been addressed with beneficiaries. Any advice would be appreciated.
  2. #2
    BelizeBreeze is offline Senior Member
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    There are many ways of doing this, including how the deed is held, how the child is mentioned in the will and a host of other alternatives. The correct answer depends entirely on your parent's situation. Have them speak to their attorney to find out the best way for them in their particular situation.
  3. #3
    Dandy Don is offline Senior Member
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    To avoid the will being contested by the excluded son, there needs to be specific language in the will that mentions the reason he is being disinherited and why he has fallen out of favor with you. Your attorney can advise you on the correct terminology.
  4. #4
    Shah is offline Member
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    Post

    I also heard that when you want to disinheritate a family member like a child or grandchild you need to mention them in the Will as inheriting at least a $1. If you don't mention their names at all the law steps in, says well you just mistakenly forgot to Will them anything and the law decides what they will inherit. Don't take my word on it. I heard this from several people.
  5. #5
    divgradcurl is offline Senior Member
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    Quote Originally Posted by Shah
    I also heard that when you want to disinheritate a family member like a child or grandchild you need to mention them in the Will as inheriting at least a $1. If you don't mention their names at all the law steps in, says well you just mistakenly forgot to Will them anything and the law decides what they will inherit. Don't take my word on it. I heard this from several people.
    This is generally incorrect. Only a very few states actually require that a child be named in the will to disinherit them, and New York is not one of them. In the majority of states -- NY included -- if the child was alive at the time the will was written, and the person writing the will knew the child was alive, and the child is left out of the will, the child gets nothing. There is no right to inherit. The only time the courts will step in an grant a bequest to an heir not in the will is if the heir was born AFTER the will was written (a "pretermitted heir") or if the writer THOUGHT the child was dead when the will was written, but the child was actually alive. Other than that, if the child is left out, the child get's nothing.

    But Dandy Don brings up a good point -- in order to reduce the probability of a will contest by the left-out heir, it's good practice to state clearly that the heir is being specifically disinherited, so that there is no question as to the testator's intentions.
  6. #6
    Shah is offline Member
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    OK, thanks.


    Quote Originally Posted by divgradcurl
    This is generally incorrect. Only a very few states actually require that a child be named in the will to disinherit them, and New York is not one of them. In the majority of states -- NY included -- if the child was alive at the time the will was written, and the person writing the will knew the child was alive, and the child is left out of the will, the child gets nothing. There is no right to inherit. The only time the courts will step in an grant a bequest to an heir not in the will is if the heir was born AFTER the will was written (a "pretermitted heir") or if the writer THOUGHT the child was dead when the will was written, but the child was actually alive. Other than that, if the child is left out, the child get's nothing.

    But Dandy Don brings up a good point -- in order to reduce the probability of a will contest by the left-out heir, it's good practice to state clearly that the heir is being specifically disinherited, so that there is no question as to the testator's intentions.
  7. #7
    heartandsoul is offline Junior Member
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    father being manipulated by daughter against his own son

    i am horrified to learn that a child can be abandoned in a will, just as they may have been in real life.
    at least this is the case with my b/f of 10 yrs. now.
    for the past couple of years his sister has been literally conspiring against him, telling the most outlandish tales to his "closest" known-of surviving relatives (his dad and his grandma). long story short- sis finds way to get dad and gma to believeher lies and actually take part in contriving them! as if this was not hurtful enuf for him (being abandoned at age 5 by mother), the father then tells us that we "had better get a good lawyer" after he dies [i assume as in reference to a will]. we then find out from step-mom (another victim of the hate) that he has been completely written right out of his dad's will.
    $ is not a big big deal to me (i grew up poor) but my b/f has been raised without being given the benefit to learn the life skills needed to support himself (he is 24 now) and i fear that not only will he lose out on an opportunity to be close with his dad before he dies but he will also be placed in extreme hardship ( me still beside him of course) due to the despicable actions of his ????? sister.
    We live in CA. Please tell me, what, if anything, I can do to try and prevent this nightmare from playing out? Sorry about the life's story. just upset. thx
  8. #8
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by heartandsoul View Post
    i am horrified to learn that a child can be abandoned in a will, just as they may have been in real life.
    at least this is the case with my b/f of 10 yrs. now.
    for the past couple of years his sister has been literally conspiring against him, telling the most outlandish tales to his "closest" known-of surviving relatives (his dad and his grandma). long story short- sis finds way to get dad and gma to believeher lies and actually take part in contriving them! as if this was not hurtful enuf for him (being abandoned at age 5 by mother), the father then tells us that we "had better get a good lawyer" after he dies [i assume as in reference to a will]. we then find out from step-mom (another victim of the hate) that he has been completely written right out of his dad's will.
    $ is not a big big deal to me (i grew up poor) but my b/f has been raised without being given the benefit to learn the life skills needed to support himself (he is 24 now) and i fear that not only will he lose out on an opportunity to be close with his dad before he dies but he will also be placed in extreme hardship ( me still beside him of course) due to the despicable actions of his ????? sister.
    We live in CA. Please tell me, what, if anything, I can do to try and prevent this nightmare from playing out? Sorry about the life's story. just upset. thx
    1. A parent has no obligation to leave "something" to a child.
    2. About time your boyfriend got off his butt and learned some life skills.
    3. This has absolutely NOTHING to do with you.
    4. START YOU OWN THREAD!
  9. #9
    BlondiePB is offline Senior Member
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    Wink You forgot....

    Quote Originally Posted by baystategirl View Post
    1. A parent has no obligation to leave "something" to a child.
    2. About time your boyfriend got off his butt and learned some life skills.
    3. This has absolutely NOTHING to do with you.
    4. START YOU OWN THREAD!
    5. Why are bringing up a thread that's almost a year old?

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