Can I leave my child out of my Will?

Can I leave my child out of my Will?

The question is common:  Am I required to leave any inheritance to my children?

The circumstances that can lead to this question are myriad.  But the answer is always the same:  No, you are not required to leave anything to your children.

If a person decides to leave one or more children “out” of his Will, there are certain steps that should be taken by his attorney or lawyer in the Boise, Meridian, and Eagle area in order to effectively do so.

First, it is important for your attorney to include the child’s name in the Will to show that you didn’t simply forget about the child.  By including the child’s name in a list of one’s children, that potential argument is defeated.  A child who has been “forgotten” by a parent may legally be able to claim a share in the property left when that parent dies.  Including the child’s name in the list of one’s children in the Will in Idaho shows that the child was not forgotten.  After the child has been included in the list of one’s children, the failure to leave anything to that child will be presumed to be intentional.  That decision will be upheld by Idaho probate courts.

Second, your lawyer should include a short statement in the Will to the effect that, “If I left you out of my Will, I did so on purpose.”

Finally, an additional provision that states that “Any person who contests this Will is to receive no part of my estate” will also be helpful if included by your attorney.

It is also a common misconception that you must leave at least one dollar to any child who is being excluded from the Will.  That is not true.  Simply naming the child without leaving any gift to that child is sufficient in Idaho.

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Whether you live in Boise, Meridian, Eagle, Star, Nampa, or other nearby communities – in fact, anywhere in Ada County or Canyon County – for additional easy-to-understand information on Idaho Wills, Trusts, probate, and estate taxes, visit the user-friendly website at BarryPeters-Law.com.  Then call attorney Barry Peters’ offices at (208) 939-2600 for an expedited appointment to begin the process of setting up your own Living Trust.  Or, if you have questions, please call Barry for a free telephone consultation or visit his Q & A pages at BarryPeters-Law.com/common-questions.  As always, your total satisfaction is guaranteed by Barry Peters, Attorney at Law, where all clients receive individual attention to the details of their unique circumstances.