Required to Leave $1.00 in will

[olucy]

What is the name of your state (only U.S. law)? TEXAS

60 year old single. Divorced 1988 with 2 adult children. Ex-husband father of both children. I have had no contact with ex- since about 1998. Also have sister and brother but have had no contact with either since about 2007 due to long history of dysfunction but primarily them denying me what was stated as mine in our mother's will.

One of my adult children is married to a foreigner who is now a US citizen. I want my estate to be split between only my 2 children. I do not want my ex, brother or sister to have or be able to have any claim on my estate. I have even added a statement in my will that my ex-, brother, sister nor anyone else be notified or communicated that I have died other than those I have directed

I was told or read that I must leave $1.00 to my ex-, my brother and my sister in my will or they can contest it. Is this correct?

 

[tranquility]

What is the name of your state (only U.S. law)? TEXAS

60 year old single. Divorced 1988 with 2 adult children. Ex-husband father of both children. I have had no contact with ex- since about 1998. Also have sister and brother but have had no contact with either since about 2007 due to long history of dysfunction but primarily them denying me what was stated as mine in our mother's will.

One of my adult children is married to a foreigner who is now a US citizen. I want my estate to be split between only my 2 children. I do not want my ex, brother or sister to have or be able to have any claim on my estate. I have even added a statement in my will that my ex-, brother, sister nor anyone else be notified or communicated that I have died other than those I have directed

I was told or read that I must leave $1.00 to my ex-, my brother and my sister in my will or they can contest it. Is this correct?

You don't have to leave anyone anything in the will. But, if you don't mention a person who would usually be an heir, there could be a claim you forgot them by mistake. (Not the legal term, but you get the idea.) it is generally a good thing to mention people you want to disinherit. Some, to be safe, say why.

 

[TrustUser]

why not put your stuff in trust ? if not in trust, then at least name a beneficiary on all assets that you can.

 

[garrula lingua]

What is the name of your state (only U.S. law)? TEXAS

60 year old single. Divorced 1988 with 2 adult children. Ex-husband father of both children. I have had no contact with ex- since about 1998. Also have sister and brother but have had no contact with either since about 2007 due to long history of dysfunction but primarily them denying me what was stated as mine in our mother's will.

One of my adult children is married to a foreigner who is now a US citizen. I want my estate to be split between only my 2 children. I do not want my ex, brother or sister to have or be able to have any claim on my estate. I have even added a statement in my will that my ex-, brother, sister nor anyone else be notified or communicated that I have died other than those I have directed

I was told or read that I must leave $1.00 to my ex-, my brother and my sister in my will or they can contest it. Is this correct?

No, it's not.
To ensure my relatives don't inherit through my death, I would have inserted in my will : I leave nothing to my siblings John and Jane, for reasons of which they are aware.
Or:
I leave nothing to my brother, x, and my sister, y. My siblings were kind enough to allow me to find my own way in life; I am returning the favor.
Or a similar statement.

The 1. Bequest came about due to the issue of the heir (usually a son/daughter) who was left out (pretermitted) accidentally. The 1 was meant to show that leaving them nothing was intentional. Don't require your executor to locate them to give each a dollar; if you are worried that they would inherit, then put in sufficient alternate beneficiaries (include a charity as last possible beneficiary, if you wish).
The comment that you leave them nothing just supports the fact that you are cognizant of their relationship to you, and you specifically direct that they would receive nothing from your estate; no need for the 1.

By the way, the biggest reason wills are found to be invalid in Tx ?? Incorrect execution of will. (Also, does it have a self-proving affidavit?)
I don't advise using do-it-yourself wills AND ---- the cheapest form of insurance ??? Durable power of Attorney & Medical Power of Attorney.
You should be most interested in taking care of yourself whilst you are living, rather than fretting over who'll benefit from your death. Do the PoAs; have the durable (financial) recorded. When they are done, check who you previously named as beneficiary on bank accounts, insurance, etc, then do your will and/or trust.

Lawyers in your area shouldn't charge much for a Will & Powers of Attorney;call around & get some quotes (I'd also do an Advance Directive, Declaration of Guardianship, and a HIPAA release.)

 

[garrula lingua]

Trust user,
TX has an easy Probate system.
With the new Estate Code coming, an executor won't even have to file an inventory in most cases(which means privacy regarding the amount and type of the estate). Given that, there's less need for a trust.

Trusts are great when they have a purpose, but with most people (in Probates I've done) they have never funded their Trust properly, or upon acquiring new property, they neglected to acquire in the trust's name.
Some people have messed up their Homestead exemption & had the mortgage company threaten to call their mortgage when they messed about playing with trusts.
For Medicaid qualification, for Special Needs relatives, to protect separate property, trusts are great.
For the average Texan with an average estate - I sure don't recommend a trust.
Even with a trust, you need a will.