Legal Question in Wills and Trusts in Massachusetts

Either is as effective, so long as you do it specifically - "I specifically leave my son/daughter X nothing . . . ." or "I specifically leave X the sum of $100 only . . . ." The person may challenge the will, but he or she can't challenge based on the fact that he or she was inadvertently omitted.

You should know, however, that effective last year new probate laws in MA now provide for disinherited heirs to nonetheless receive some property of their deceased parent. This law creates a new class of �exempt� assets from a decedent�s personal property and provides that the surviving spouse, if there is one, otherwise all of the children jointly, is/are entitled to the tangible personal property, up to a value of $10,000. If the value of the tangible personal property (automobile, furniture, etc.) is not $10,000, other assets (such as cash, etc.) can be used to reach to that value. If you do not have a surviving spouse when you pass, your child(ren) could request a portion of your property under this exemption. If the person you wish to disinherit is not a child, such as a grandchild or niece, etc., then this exemption wouldn't apply.

Please let me know if I can help you in any way -

Attorney Harvey is absolutely correct in her comments.

However, you cannot legally disinherit a spouse, unless you have a pre-nup or an ante-nuptual agreement.