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Excluding someone from a will unless certain conditions are met.

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aliceopal

Junior Member
What is the name of your state (only U.S. law)? North Carolina

My father would like to exclude my sister, his daughter, from his will UNLESS she divorces her current spouse. Simply put, he hates him, and won't run the risk of him ever seeing any of his money. How do we word this in an otherwise simple will?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? North Carolina

My father would like to exclude my sister, his daughter, from his will UNLESS she divorces her current spouse. Simply put, he hates him, and won't run the risk of him ever seeing any of his money. How do we word this in an otherwise simple will?


Dad realizes that NOTHING he can do can force his daughter to NOT give her - even ex-spouse - any money, correct?


Even if they get divorced, daughter can remarry her spouse and they'll live happily richer after....
 

Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)? North Carolina

My father would like to exclude my sister, his daughter, from his will UNLESS she divorces her current spouse. Simply put, he hates him, and won't run the risk of him ever seeing any of his money. How do we word this in an otherwise simple will?
Some states will not allow a divorce requirement to exist in a will. I don't know if NC is one of those states or not. Even if it is not, this is not a do-it-yourself will.

If father excludes daughter, it will dramatically increase the odds of the will being contested. If sister hires a lawyer to contest a will drawn up by a non-lawyer, who do you think will have a better chance of prevailing?
 

aliceopal

Junior Member
Yes, he realizes this. He is a stubborn man, and pretty much the whole family is engaged in wishful thinking on this one. There's no way around it, so we may as well do what he wants. (Frankly, I'm in agreement with him.)
 

Proserpina

Senior Member
Yes, he realizes this. He is a stubborn man, and pretty much the whole family is engaged in wishful thinking on this one. There's no way around it, so we may as well do what he wants. (Frankly, I'm in agreement with him.)


And everyone has stopped to think how extremely hurtful this is to your sister, yes?

Frankly if I were her I'd be sorely tempted to get divorced, take Controlling Family's money and get remarried.

And then stay far far away from the family.

Or alternatively, simply stay far far away from the family and ignore the fact that I was being "bought".


No offense meant.
 

aliceopal

Junior Member
Thanks for the reply Steve. One thing that I should have mentioned is the fact that there is very, very little of worth involved in this estate. Divorcing and re-marrying, not to mention legal costs to fight it, would hardly be worth the gain. It's a simple matter of spite, principles, stubbornness, and a dying man's last wishes. It is ugly? Yes. Has she been ugly at times? Quite.
 

Isis1

Senior Member
Thanks for the reply Steve. One thing that I should have mentioned is the fact that there is very, very little of worth involved in this estate. Divorcing and re-marrying, not to mention legal costs to fight it, would hardly be worth the gain. It's a simple matter of spite, principles, stubbornness, and a dying man's last wishes. It is ugly? Yes. Has she been ugly at times? Quite.


Then easy peasy. Dad cuts her out of the will period. That will really stick it to her. Make her feel really unloved and unwanted. This will really let her know she is a failure no matter what she decides for her future. Thus she will cling to her husband even further since he still puts up with her on a day to day basis.
 

aliceopal

Junior Member
I'm fully aware of the implications of this decision. Just looking for pragmatic advice. The ethics, morals, and hurt involved are something for my family to tackle on their own terms, and is no place for a forum. Thank you though.
 

Proserpina

Senior Member
I'm fully aware of the implications of this decision. Just looking for pragmatic advice. The ethics, morals, and hurt involved are something for my family to tackle on their own terms, and is no place for a forum. Thank you though.



You got those opinions for free.

Lucky poster!

You're welcome :)
 

Kiawah

Senior Member
If the sister has any children, then Dad can bypass a generation and give the money to the children via custodial account or trust. That way the sister's "share" would go to her children, and her husband won't be able to get any of it.

Might be a win/win.
 

Zigner

Senior Member, Non-Attorney
I suggest that sis go to pop and ASK to be excluded from the will. Boy will THAT take the wind out of his sails!
 

tranquility

Senior Member
I agree with the moral and legal judgments of the others.

1. No way a person can do this on his own. He would need an experienced attorney and a trust would probably be involved. Conditional wills, other than dealing with death and who has survived, are pretty rare.

2. Anything regarding the desire to break up marriage has a real chance of being considered void as against public policy. Society wants people to be married. Doing legal things in an attempt to destroy a marriage is frowned upon.
 

You Are Guilty

Senior Member
If you insist on doing this via a "fill-in-the-blank" type will, leave sis $10 or some other meager sum, with an explanation why. Completely cutting her out helps her chances of contesting. (Not that she can't contest even with a small gift).

Good luck (?)
 

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