Do I have to list my children on my Will if I’m not leaving them anything?
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Do I have to list my children on my Will if I’m not leaving them anything?
Asked on August 22, 2011 Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In order to protect dependent children, some states prevent a person from entirely disinheriting a child. Under TX law, there is no forced inheritance; a person may disinherit any heir, including an adult child and/or dependent child.
However, if the testator (person making the Will) excludes the “natural objects of [their] bounty,” which usually includes their children, it can be evidence that would support a Will challenge based on undue influence or lack of testamentary capacity.
Accordingly, specific language of disinheritance should be included in a Will. Sometimes listing the children and leaving them each $1.00 suffices.
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