can a parent leave a child out of their will?

Question

I would like to know if a parent that has two children can leave one of them everything they have and leave the other with nothing at all? Do parents have to leave each child something? I have prepared my will leaving everything to one of my daughters and have chosen to leave the other out. I was worried about the daughter that i have left nothing to would contest the will and give my other daughter grief and tie it up in the courts where she would end up maybe having to sell my home and property to pay the courts and attorneys. Is my will enough to ensure my wishes will be fulfilled or should i sign over everything to my daughter now while i am living?

PLEASE understand that i did not turn my back on my daughter, she turned hers on me. She has chose not to have anything to do with me when i have asked her for help over and over. Her response is always, "It's not my problem." Also, SHE is the one who didn't want to share with her sister. She said, " you will give it all to me or give me nothing at all." So, all of you that are coming down hard on me, does that help you understand any better?

Answer 1

You can leave her out, but the laws around wills are not water tight and there are succession laws which she might be able to use to contest it. You should talk to a solicitor who can talk to you about your will. I wouldn't suggest signing everything over while you are still alive, because if (god forbid) your daughter should die before you, you could be left with nothing if her will have other beneficiaries listed. Perhaps you could look at changing the title on your home to have you both listed, but upon death of one party, the entire property becomes the property of the remaining person. It is a tough one - you need a really good solicitor.

I hope the other respondents can understand life is more complicated than you owing it to both of your daughters.....you may have been abused by her, she may have a substance abuse problem and would use your estate to speed up her own demise etc.

Answer 2

Check with a lawyer licensed to practice in your jurisdiction but, generally, yes a parent can leave NOTHING to an adult child. They usually have to provide for a minor child during the child's minority but once a person is 18 (or some places 21) then their parent owes them NOTHING.

It's important that you do the will right, though, to make sure that it's valid and will be enforced by the courts. You also need to talk to a lawyer about the tax consequences of signing stuff over to your daughter now. Have you thought of putting it in a trust so you can use it now but it belongs to your daughter when you die?

Answer 3

Yes, what you have done is perfectly legal. When doing this, however, it is best to mention the child that was left out in some way. Leave him/her $1 so that there can be no contest in court, or say that while you give him/her all your love, you leave all your possessions and money to the other child. Either of these will reduce the chances of the will being contested. Do not sign over your possessions to your daughter now. That will require the payment of a gift tax, while letting the will go properly through probate will likely result in no taxes whatsoever, unless you are a multi-millionaire.

Answer 4

I'm confused. Why would you rely on advise from laypersons on this site instead of contacting an attorney in your area for advise?! Maybe you're just venting or seeking attention. In any event, it depends on the law in the state where you live. At a minimum, I suggest you name the daughter you plan to leave out in the will, acknowledge that you are knowingly leaving her out, and state the reasons. You can't do anything to prevent her from contesting the will, although you could leave her something and provide that she loses that if she contests the will. Parents have no obligation to leave anything to their chn. as they could give it all to charity if they so desire. A spouse is in a different situation. I hope you don't regret this decision however. You may reconcile your differences in your final hours and be unable to change the provisions you've made. I'm curious as to why you would take such drastic steps. The child you're leaving out will probably need therapy life long.

Answer 5

a parent can leave the child out of the will in so much as they don't leave them anything. when a will is written if there is no adult mentioned to look after minor children and there is money left that could be used to support the child the courts might make the will void. there is however no law that says a person must leave anything to the child

Answer 6

A person can leave their money to anyone they want to. Children are not automatically heirs to their parent's money simply because they are children. And parent's do not have to leave their money in any set way to their children. You can split your money between your children or leave more to one or leave it all to one. Your choice.

But, the child or children left out of the will can most certainly contest the will and tie it up in court, with costly legal fees. If the child who inherits nothing can prove you were not of sound mind when you made the will, or that you were unduly influenced by the child you left everything to, then the court may overturn your will.

Answer 7

Any will can be contested. That being said, you have the right to leave your property to whoever you want to. You might want to look into setting up a trust or "gifting" to your daughter each year (you need a lawyer who knows about your State's look back provisions, etc. If you have accounts like IRAs or 401Ks, brokerage account, etc, you can set up a beneficiary which has precedence over your will and can't be contested. In addition, you can sign over the house with provisions that you have the right to liven in and/or dispose of it as you see fit during your lifetime; you could sell it to your daughter for $1.00; again, check with an attorney. It may cost you a few thousand to set up the trusts, etc. but you'll have peace of mind (setting up beneficiaries on your various accounts costs nothing and you can do it on each entity's web site).

Answer 8

Talk about determination. I wonder more about what this daughter of yours did to get left out on the street. Are you sure you want to do that? Why does she deserve that? If your mind is set, then you should start transferring property now, and even then it is argueable. A person's will is not absolute, there's a lot of ways to argue it in court: old age, mental health, third party pressure on the deceased's decisions, direct blood relative's right over property of the deceased, etc.

Answer 9

It might be preferable to leave the less-favored child a token amount. Consult an attorney for counsel. Putting the significant items in the name of the favored child could generate gift taxes due, so check that out before proceeding.

Answer 10

I just learned that any child can contest..... so I have a friend whose adopted grandchild now has the right to contest that he was left out of the will...which is doing exactly what you thought....tying up paperwork, costing money. I'd say...contact an attorney.... I think if you leave them something small...all bets are off.... so leave her a lamp....