Division of cash in a will

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Division of cash in a will

I’m in Alabama. My father is under the impression that all cash, stocks, IRAs,
etc. in his estate must be divided evenly among all three children. Is that
correct? He would prefer to give less money in his will to those who have already
received family land as gifts. Thank you.

Asked on March 27, 2019 under Estate Planning, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A parent may disinherit their children. The fact is that a parent need not leave anything to their children or to a specific child if they do not want to. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

IF there is no will, then anything owned by a parent at death is distributed evenly among his children, under the rules for "intestate succession" (who gets what when there is no will). But that's only if there is no will. There is NO law saying that a person must will anything to his children or, if he chooses to do so, that he must treat them evenly. With a will, what is left to each child is completely up to your father: he can leave less to those who already received land as gifts.


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