Estate Planning Q&A

Category: Probate, Trusts, Wills & Estates

Location: NJ

Subject: How to leave a child out of my will I had my will prepared leaving all I have to my 3 sons. The time has come to remove 1 son and his family from my will. Is it enough for me to attach my wishes to my original will, or must I have a new will drawn up?

Reply: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