Any lawyers?? Will question...

  1. I have been talking to a dear friend about wills, ect... and much to my surprise she does not have one. I was very shocked that she wants to cut her daughter and two grandchildren out of her will (when she makes it). There is major problems with her family and they have treated her so bad to the point where it can't get worse. So she was asking if she made a will and cut them out can they somehow contest it? I of course tell her the lawyer will know. I was under the impression that she might leave something small to each of them and add if they contest they get nothing. I thought I read something about doing this years ago. For those who do not have wills, make one....I am shocked at how many older people with businesses and kids don't have wills.
  2. I'm not a lawyer, but maybe you could add a severability section to the will, so that if any part of it is deemed invalid, the rest of it holds true.
  3. They can definitely contest basically anything in a will. Wether or not giving them something small or nothing at all would cancel that out, I don't think so but it may depend on the state.
  4. Mass is right. In many states, only those persons who would take had there not been a will are all entitled to contest the will... So probably yes to the kids, but it will depend on the gc (who usually only take if the children aren't there). Totally have her talk to an attorney, there are lots of ways to really ensure you have an iron clad will. This isn't legal advice and YMMV, but how nice of you to point out that folks need to get a will!!! Wish more ppl were like that!
  5. Your friend should probably consider a trust instead of a will. If you have a will, you still have to go through probate, which is the legal process of changing title. Whereas if things are in trust, you avoid probate. An attorney can help her decide what's best for her situation.

    Regardless, a trust and will can contain "no contest" provisions but each state has different rules. She should consult an attorney. Also, I think if she's going to cut out these children, she should leave letters, videotape, etc. as to WHY she's doing this. It also helps create evidence that she wasn't being influenced by others, nuts, etc. when she decided to cut them out...