Legal Question in Wills and Trusts in North Carolina

disinheritance of child

Mother lives in NC has three adult children. Two of three children are in care facilities and are unable to function. Can mother make a will that leaves everything to the one fully functional child. There is little money to leave but several peices of real property. Upon mothers death the one adult child would become legal guardian of the two remianing adult children.


Asked on 5/20/04, 12:06 am

3 Answers from Attorneys

Carol Lawson Carol A. Lawson, PA

Re: disinheritance of child

yes. Contact attorney in NC where mother lives.

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Answered on 5/24/04, 11:21 am
David Slater David P. Slater, Esq.

Re: disinheritance of child

yes

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Answered on 5/20/04, 8:32 am
Dan Brady Brady, Nordgren, Klym & Morton, PLLC

Re: disinheritance of child

Mother can, without question, draft a will that disinherits her children. With this simple approach, the one child that inherits would, however, be under no obligation whatsoever to use any of the inheritance for the other two. Mother may consider the use of a special needs trust for the two disabled children. this type of trust is designed to prevent the loss of benefits that may result from the inheritance.

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Answered on 5/20/04, 5:53 pm


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