Legal Question in Wills and Trusts in New York

Re: Father and son feuding

A child has no standing to object to a Will merely because the child is disappointed in what his parent did, such as leaving nothing to the child.

Your arrangement has problems unless there is a contract to enforce it. If you die first, your wife can do anything she wants with her property and the property she inherits. That doesn't mean she won't live up to the arrangement you described, but nothing can force her to. In the same vein, if she dies first you are free to dispose of the property as you wish.

There are ways to protect the arrangement and if there is a lot at stake it would be wise to consult an attorney.

Re: Father and son feuding

Inheritance is a privilege, not a right. As long as you indicate in the Will that you are not leaving him anything (or better, leave him $1) while he can make a claim, it should not be recognized. I suggest using language such as "I leave my son John the sum of $1.00, for reasons known to him." By not mentioning him at all, you open the question of whether the failure to mention him was an inadvertent omission. If you leave everything to your wife and she leaves it to your other son and her daughter, this might also resolve it. Your wife would do likewise in her Will. However, I have a conservative reservation about one spouse leaving everything to the other and relying upon the other to provide for the child/children of the first to die. This does not guaranty that your son or her daughter will actually be provided for. If one left all to the other, the survivor owns the property and is free to do what they want, including not providing for the other's child/children. Either the bequest must be made through irrevocable Wills (each agreeing that what they inherit will be split among the children) or I suggest a trust under the Wills providing for a life estate to the survivor and then the remainder to the children who are to inherit. This is a conservative approach that assures the children from both families will inherit. In any case, be sure to mention the child to be disinherited.

Re: Father and son feuding

There is not much I can add to Mr. Nadel's or Mr. LeVine's answers regarding the disinheritance of your son.

However, I do want to reiterate that if you die before your wife, as provided in your Will, all of your property becomes hers solely. That means she can dispose of it as she pleases, including not giving anything to your son (still in good standing with you). Under these circumstances, a father may want to rewrite his will leaving personal items or family heirlooms (especially those heirlooms belonging to his first, late wife) specifically to his offspring and not to the second wife who has no attachment to such goods.