Legal Question in Wills and Trusts in New Mexico

My father and step mother drew up their will to include a clause that if any of the children predecease them, that child's portion of the will goes directly to that heir's children. Two of the heirs want their spouses to inherit. My father and step mother are against this. What is the law?

Asked on 7/15/11, 12:18 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The law is that the parents are legally entitled to do anything they want. Contrary to popular belief, children have absolutely no rights to their parents' assets upon the parents' deaths, and anyone can be disinherited by them for any reason they choose. So, what the heirs want is utterly not important, and what the parents want to do is. So, tell them this advice and/or show them this answer, and have them to exactly as they wish and ignore the wishes of others. They may want to consider a living trust, naming whatever beneficiaries they want, and no one can do anything about it.

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Answered on 7/30/11, 1:27 pm

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