If I have 2 grown sons that I do not want to share in my estate, what can I do to make my wife or others the sole heir of my investments and property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have 2 grown sons that I do not want to share in my estate, what can I do to make my wife or others the sole heir of my investments and property?
Asked on November 1, 2013 under Estate Planning, Oklahoma
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
What you want to do is some estate planning. Generally speaking, children do not have an absolute right to inherit from their parents. And as long as everything is jointly owned with your spouse she will inherit automatically upon your death. But if you want to leave somethings to "others" it is important that your Will specifically disinherit your children (but double check with an attorney in your area how the law wishes that worded), otherwise there could be a claim that you did not know the "objects of your bounty" in a Will contest. Now, you can also consider a trust in which your wife is the beneficiary and the "others" contingent beneficiaries. There are a ton of options. Go and speak with some one. Good luck.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Yes, in your state you may disinherit your children. You must have a will; the will must state specifically that you are not leaving anything to your children; and it should make sure that the people (such as your wife) who receive your estate receive a total of 100% of it. A trusts and estates attorney can draw up a will for you that will accomplish your goals.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.