Legal Question in Wills and Trusts in New York

when disinheriting adult children, does will have to specifically mention their names or that they are not getting anything?


Asked on 2/22/12, 1:16 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

It should.

Read more
Answered on 2/22/12, 1:59 pm
Walter LeVine Walter D. LeVine, Esq.

Yes. If they are not mentioned they can contest the Will. Suggested language might include "I have intentionally left nothing to my children "X" and "Y", for reasons they know", or "I have intentionally left nothing to my children "X" and "Y" as I have otherwise provided for them", or some similar language. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

Read more
Answered on 2/22/12, 4:11 pm
Arnold Nager Arnold H. Nager, Esquire

You should discuss strategy with an attorney, possibly considering the use of a clause leaving a nominal amount to the children, and providing that, if they contest the will, they would receive nothing. A large estate could be seriously depleted by claims made by disinherited heirs.

Read more
Answered on 2/23/12, 7:43 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York