Can we create a new will to divide assets between our daughters?

Full question:

Oldest sibling is not deceased,so can we make a new webb leaving any assts and all assts divided equally among our two adult daughters?

Answer:

We are sorry to hear of your loss. When a beneficiary passes away, it creates a lapsed gift. Generally, the bequest to the deceased will be included in the residuary estate and distributed according to the will's residuary clause. If there is no residuary clause, the assets will be distributed according to the laws of descent and distribution. You can draft a codicil to amend a will, but it’s often better to create a new will to avoid potential disputes from having multiple documents.

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

Yes, parents can choose to leave siblings out of their will. In most states, there are no legal obligations to include siblings as beneficiaries. However, if a sibling is omitted, it may lead to disputes or feelings of resentment among family members. It's advisable to communicate your intentions clearly to avoid misunderstandings.