Legal Question in Wills and Trusts in New York

Re: Rights as a parent

Parents can do whatever they like with their assets upon death when it comes to their children, as long as the children are not minors.

Re: Rights as a parent

Inheritance by children is a privilege, not a right, so a parent can disinherit a child. You should use an attorney familiar with wills to assist you. Some property, like the real estate, may need to be re-registered to acomplish your goal. Be sure any will document leaving everything to your daughter also mentions your son - I suggest you leave him a nominal bequest, like $10.00, so he is mentioned and not be considered as a forgotten heir. You might also want to videotape the will execution, so you can verify your competency (have the attorney question you about your estate, what it consists of, your family members, your state of health, and the reasons you are disinheriting your son, etc.) This might be useful later if your son contests the will. Have the signing and witnessing included in the tape, so all legal requirements are verified. I occasionally have the person's regular doctor be a witness to the will, so he/she can verify competency to make the will if there is a contest. This may sound like overkill, but it could be useful later.

Re: Rights as a parent

A parent can disinherit a child, and there is nothing the child can do to stop it.