Full question:
If you want to leave a step-child out of the will altogether , what should you state in the will so that it will not be challenged by this child , if anything ? The step-child is an adult who lives outside the state of TN
- Category: Wills and Estates
- Date:
- State: Tennessee
Answer:
You have the legal right to exclude a step-child from your will, unless you have a written agreement to include them. To minimize the chances of a challenge, clearly state in your will that the omission is intentional. Specifically name the step-child and indicate that you are leaving them nothing or a nominal amount, such as one dollar, to show that the exclusion was deliberate and not an oversight.
Keep in mind that a potential heir might contest the will based on claims like lack of mental competency, undue influence, or improper execution according to state law. To further protect your wishes, consider including a non-contestability clause, which disinherits anyone who challenges the will. Additionally, some people choose to video record the signing of the will, asking questions to demonstrate the testator's 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.