Full question:
I have three grown children. I am leaving my son, $10,000 and a $50,000 life insurance policy. My will states, everything will go to my three children. My two girls will receive almost all of my estate. Should I change my will and state. I do not intend to leave anything to my son, (LLB). his name. Or can he sue my girls after my death if I leave him in my will.
- Category: Wills and Estates
- Subcategory: Will Contests
- Date:
- State: Florida
Answer:
You have the legal right to choose not to leave anything to a child, including a stepchild, unless there’s a prior agreement, like a written contract. To clarify your intentions, it’s advisable to explicitly state in your will that you are intentionally omitting your son. You can identify him by name and specify that you wish to leave him nothing or a nominal amount, such as one dollar, to avoid claims that the omission was accidental.
Keep in mind that heirs can challenge a will based on claims of lack of mental competency, undue influence, or improper execution according to state law. A non-contestability clause can be included to disinherit anyone who contests the will. Some people even choose to videotape the signing of their will, asking questions to demonstrate their competency at that time.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.