Leaving a loved one out of a will

When a person in Oklahoma is drafting a last will and testament, there may be a number of difficult decisions to make regarding who should get what. Hard feelings and disputes among family members may be unavoidable if there are already expectations in place. In most cases, though, people have their own reasons for choosing how to distribute assets among their heirs, whether they are financial or personal effects. This also includes the choice to leave someone out.

According to CNBC, parents or the nearest relatives receive the assets of a deceased person without a will if there is no spouse or children. To prevent this from happening, a person would have to write a will that specifically says who the beneficiaries are. A statement that an omission is intentional may make it more difficult for the will to be contested. The courts will not honor a will of a person who attempts to disinherit a living spouse or minor children. 

A parent may want to leave out an adult child because of hard feelings, or in an attempt to make things fair by leaving different amounts to adult children. According to Bloomberg, choosing to disinherit an heir can lead to permanent rifts between surviving family members. Not only that, circumstances and relationships change over time and may prompt the child who receives nothing to contest the will. Before intentionally leaving someone out of a will, it may be a good idea to consider the option to create a trust instead, so that a trustee can evaluate the situation at the time of death and adjust the apportionments accordingly.

No Comments

Leave a comment
Comment Information

111 N. Peters Suite 440 Norman, OK 73069 Phone: 405-701-5355 Fax: 405-701-2830 Norman Law Office Map