Legal Question in Wills and Trusts in New Jersey

Re: How to leave a child out of my will

This is, as the other authors have stated, a complicated problem, but can be simply resolved. I recommend a new Will containing a provision specifically stating that you are leaving nothing to one child or his issue. It may be a simple sentence stating "I have specifically left nothing to my son, XXX or his issue,,,"

You can state as a continuation something like "... as I have otherwise provided for him/them during his/their lifetimes", or "... for reasons best known to him/them". If you need assistance, contact me directly.

Re: How to leave a child out of my will

Disinheriting a child can be a little tricky and if not done properly, can backfire on you or lead to litigation for your estate and heirs. Don't just write on your current Will and 'write the child out'...(a) it won't work; and (b) the handwriting will result in your Will not being admited to probate by the Surrogate.

To disinherit one of your children, you really need to see an estate planning attorney and have it done correctly.

Re: How to leave a child out of my will

No. You cannot make written amendments to a properly witnessed will, because the witnesses did not see your changes. You should have a new will drafted. We can help, for a very reasonable fee, and we can do most of it via e-mail. Feel free to call our offices or e-mail me directly at [email protected]

Re: How to leave a child out of my will

First, you need to see a tax and estate planning attorney. When a client wants to exclude a normal beneficiary from a Will, such as a child or grandchild, I like to review the reasons. Sometimes, it is because the beneficiary cannot handle finances, or needs some controls on the money. In that case, a Trust can be set-up to solve the problem.

If the testator trully wants to disinherit the person, I specifically mention the person's name and provide a general statement about excluding them.

I hope this helps!

Ron Cappuccio

http://www.saveyourestate.com