Legal Question in Wills and Trusts in California

Re: Leaving anything to children of previous marriage

To remove any doubt, the better practice is to acknowledge the existence of your children and specifically mention that they are not receiving anything. There is no legal requirement that you leave them any property unless they are minors that you are legally obligated to provide for.

Re: Leaving anything to children of previous marriage

While you are not required to leave your grown children anything, the fact that you mention them in the will does not prevent them from contesting your will or estate plan. Even with a no-contest clause, where they would receive nothing if they contest, you are not guaranteed. Afterall, they would have nothing to lose, and could claim that you were unduly influenced.

You may want to leave them something, depending on the value of your estate, so there would be a penalty if they do contest. Depending on your assets, you may want to consider a trust, and to video tape the signing, so there will be evidence that you are of sound mind.