How can I leave one child $100 and prevent will contests?

Full question:

I have 3 children, but want to leave one child only $100 and the other two children the balance of my estate in equal shares.I want to stipulate if the child that gets the $100 contests the will, she will get nothing.To be legally valid, what wording should I use to convey that intention in my will (form TX-WIL-01400)?

Answer:

You can choose not to leave anything to a child, unless there’s a prior agreement. It’s important to clearly state in your will that your decision to omit a child is intentional. Identify the child by name and specify that you wish to leave them nothing or a nominal amount, like one dollar, to avoid claims that the omission was accidental. A child might contest the will based on claims of lack of mental competency, undue influence, or improper execution. A non-contestability clause can disinherit anyone who challenges the will. Some people also videotape the signing of the will to demonstrate the testator's competency.

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.

FAQs

Dealing with unequal inheritance involves clear communication and legal documentation. When drafting a will, specify the amounts each child will receive, and consider including a statement explaining your reasoning. This can help prevent misunderstandings and disputes. It's also advisable to consult with an attorney to ensure your will is legally sound and reflects your intentions.