Legal Question in Wills and Trusts in New York

Yes. You should have language in your will specifically disinheriting her.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

Q. My question is do I need to include a formal letter or legal document in my will stating what I have already left to my daughter and that once I pass she no longer has any claims to my estate?

A. A formal letter is not sufficient to change a will. Furthermore, a will may only be modified through a codicil or another will. The codicil or will must be executed in the same manner as a will. Therefore, you cannot just write things in the will. The will must be prepared and executed in a formal manner for it to be legal.

Mike.

Although you must specifically disinherit your daughter in your will, you need not state a reason for doing so. However, if you desire to state a reason you may do so in the will as well.

Although you don't need to state a reason in the will, you should anyway. Otherwise, it is more likely that she will challenge the will. Moreover, there may be hard feelings in the family if you don't explain your decision.

(Licensed in New York; Estate Planning Attorney)