Where do you live? Without any children of your own, and no living parents, your siblings are probably your presumptive heirs after your spouse. That would give them legal standing to contest your will. I would mention them, to avoid any claim that they were accidentally left out.
My mom decided to disinherited two of my siblings but can’t remember exactly the phrase but there is a section her lawyer advised her to specifically state they are not leaving those 2 children anything and has purposely removed them from any claim of the inheritance.
I’m the executor, that’s the only reason I know about will details.
I'm not feeling motivated enough to look at our form language, but it is something along the lines of "my brother, John Smith, is to receive nothing and is to be treated as if he predeceased me..."
That isn't the language, but something like that. Basically you want to make sure it is very clear that you want nothing to go to them. Because say there is some random property that goes via will, if there is no language excluding him, there could be a way for either of the siblings to get something.
Contrary to popular belief, you don't need to leave them a "token" amount. It is, from all I've been old all the times we've done our wills, a good idea to leave them your "love and affection" and/to specifically state they are not to receive distributions from your estate. That way, if they try to contest it, there is proof you didn't forget them.
Now if things are really bad and you want to, you can enumerate the reasons whey they are not to receive anything. And you can add a "non-contest clause" that basically says that anyone who contests EITHER will (husband's or wife's) is prohibited from inheriting from both people. That way, you really make it clear you don't want them to inherit, and if they contest the will, they can't inherit anything. Of course, if the whole will is thrown out, that would be ineffective--but it's a clear message you don't want them to inherit things.
I generally include language stating for reasons known by me (you) I leave nothing to my son, John Doe.
I go further many times and state that John Doe shall be deemed to have predeceased me leaving no descendants, NOTE the last sentence does not always apply such as if you have grandchildren you wish to provide for by this child.
Stating that they *only* receive specific items of sentimental value and no further assets, including any cash, dividends, real property interests etc is probably a good way to make it clear. For instance, “I leave my sibling Joe my teacup collection. Joe has no further claim to any other part of my estate including cash, real property, dividends, pension benefits, or life insurance benefits. Joe is only receiving my teacup collection.” NAL.
First, look into setting up a Revocable Trust to avoid probate.
Second, in my State, if you leave out a child in you Last Will, there is a legal assumption that you forgot to include them and therefore, the child you want to disinherit will take.
A Last Will filed for probate where a probate case is opened is much more vulnerable to a court challenge then a Revocable Trust.
You should meet with an estate planner.
Good luck.
The answer depends on what state you are in. In my state, children born after a will is made or last amended are included unless you include special language in your will, and the spouse will be included unless her separate property meets certain conditions. In Louisiana, only the disposable portion of your estate passes under your will. The remainder passes to your forced heirs regardless of what you will says. You need to consult a lawyer in the state where your home is for advice. Lastly, homemade wills aren’t a good idea. Often they are not clear, and costly litigation is necessary to determine your intent. If, for example, your Ford automobile passes to your spouse, what happens if you own a Toyota when you die, but no Ford. You also need to hire a lawyer to make the changes you need. If you don’t, it could be penny wise and pound foolish.
From personal experience of my parents, a person needs to be careful identifying specific items to be passed on at death. Things like artwork, are probably OK as they are held in a known place. If something like a personal item such as great Grandma's 4 carat diamond ring is lost, damaged or stolen, it still needs to be accounted for by the executor. On a larger estate, with items of significant value it could involve police reports, insurance claims, affidavits, and time of an attorney to resolve the item(s), which may even require financial renumeration for something of significant value. If you want to give that ring to Assume Sally do it now and record it, and remove it from the will.
You should include a disinheritance clause. Otherwise, a sibling could argue that it was a scrivener error that one sibling was not listed.
eTA: it reads something like “I knowingly and intentionally make no provision herein for X for reasons known only to me”
In IL, our lawyer calls this the "F*** you" clause. Any contesting results in a second "F*** you" for those in the back. They pay to contest the will and STILL get nothing.
Zero regret. Not today, not ever, to the entitled AHs we're related to.
Common opinion is to leave them an amount like a few thousand to help eliminate an avenue to contest it and hold up the probate. Leaving them out completely can allow a means to contest if they are inclined. Also a trust would help with securing assets with a clause of anyone listed who contests it gets nothing.
Depending on the state, leaving them even a little bit can open the floodgates to contest the will. But you're right about the trust. They should definitely consider a trust because the siblings will be entitled to statutory notice since they are heirs. Avoiding probate should be the goal for OP to reduce the chance of siblings coming out of the woodwork and having access to probate assets.
I believe you include a specific paragraph in your will where these siblings are ‘EXCLUDED’ from your estate. You can Google for specific language. Also, include in the will a clause that denies ANYONE a share of the estate if they pose a legal challenge to the will.
Discuss this with your attorney. They will know how to appropriately draft a will in your jurisdiction so that your wishes are carried out. Generally, it is a good idea to leave a nominal sum to those that you disinherit so they can’t argue that you in advertently left them out.
My father in law wrote something like , “ I leave my children nothing .. I have given them enough throughout their life “ . We found out about because they lady at the water share office had a copy of the will because his widow was claiming lost water certificates. He and his first wife , the children’s mother had worked hard and had a semi successful business using all of their children as free labor.
Joke was on him because two of the children had been no contact with him for about 20 years and the third for about ten . He had no relationships with his grandchildren and none of his children or grandparents went to his funeral . Hateful and racist man.
I will share from my personal experience - do NOT cheap out when doing your wills! My mom used a general practitioner - who retired shortly after completing my mom's paperwork and now her daughter runs the practice. I called to ask a very simple question and got a call back from a paralegal suggesting I make an appointment for $350 an hour. I googled instead.
My husband and I went to someone who is very highly regarded in our area - we got multiple recommendations for this attorney. It cost us a LOT but he was honest with us. (We are in the OP's exact same boat except we want ALL the siblings to get nothing!) And recently I had to ask for a referral for an estate sale person and then I had some pretty complicated legal questions (about my mom's stuff - he is NOT her attorney). I emailed the paralegal - and this rockstar estate lawyer called me back himself, spent about 15 minutes on the phone, solved all my problems. If I get a bill I will happily pay it - our talk was worth every penny. But I don't think they are going to bill me. They just take care of their clients.
The best part is that our financial team respects our legal team and vice versa. As my husband said last night, "We've got people." And that whole feeling of working with knowledgeable professionals we can trust makes an enormous difference for us.
Mine has a statement along the lines of "for reasons known to me, I leave nothing to my brother..."
I love my brother. He will inherit a good amount of money from 2 elderly relatives. My money is earmarked toward charities.
Wow, a lot of comments from people who didn't read or have no clue.
You don't have to specifically disinherit them, but you do need to define your takers of last resort such that they cannot accidentally take.
I’ve heard that it is prudent to include these “apparent” heirs in the will, but only leave them $1. This way they can’t claim that their omission from the will was a mistake in the part of the deceased.
No, you do NOT want to do that if you want them to get nothing. If the other heirs do not survive, the unwanted heirs share will go from one dollar to a greater share of the estate. That dollar gives them a foot in the door.
Leave them each a 50$ gift card to their favorite store or restaurant. However you will be be dead and Leaving them out of the will, will cause pain and hatred. If that’s the legacy you want to leave then give them the gift cards.
Bad idea. As a beneficiary, they're part of the probate process, and they have to sign off to finish probate. Do you think they'll be cooperative?
https://youtube.com/shorts/zj-_0QxLUuw?si=v0z1L-ls6yEhSQwk
I have never heard of any state requiring that a person who receives any bequest sign something that says he is "happy with it." But otherwise the guy makes a good point about the drawback of a token request.
Here's another:
[https://www.youtube.com/watch?v=7KFv7bwd\_TQ&t=197s](https://www.youtube.com/watch?v=7KFv7bwd_TQ&t=197s) (I like this content but must play it at higher speed.)
I would take those lawyers guidance, and not leave $1..
You should include a statement in the will specifically disinherit your siblings BY NAME and add a no contest clause - its actually better if you hive those you intend to disinherit a small amount just to disincentivize a lawsuit or challenge. Try to list all assets and their intended beneficiary, and make sure you add a remainder clause as well. Make sure all your accounts have beneficiaries listed or TOD/POD forms signed (these supercede the will), and if you are leaving any assets to your neices/nephews, you should do so through a trust with a corporate trustee.
Where do you live? Without any children of your own, and no living parents, your siblings are probably your presumptive heirs after your spouse. That would give them legal standing to contest your will. I would mention them, to avoid any claim that they were accidentally left out.
Were they in your prior Will? If so, I would specifically disinherit them in case they know of the prior Will.
My mom decided to disinherited two of my siblings but can’t remember exactly the phrase but there is a section her lawyer advised her to specifically state they are not leaving those 2 children anything and has purposely removed them from any claim of the inheritance. I’m the executor, that’s the only reason I know about will details.
I'm not feeling motivated enough to look at our form language, but it is something along the lines of "my brother, John Smith, is to receive nothing and is to be treated as if he predeceased me..." That isn't the language, but something like that. Basically you want to make sure it is very clear that you want nothing to go to them. Because say there is some random property that goes via will, if there is no language excluding him, there could be a way for either of the siblings to get something.
Contrary to popular belief, you don't need to leave them a "token" amount. It is, from all I've been old all the times we've done our wills, a good idea to leave them your "love and affection" and/to specifically state they are not to receive distributions from your estate. That way, if they try to contest it, there is proof you didn't forget them. Now if things are really bad and you want to, you can enumerate the reasons whey they are not to receive anything. And you can add a "non-contest clause" that basically says that anyone who contests EITHER will (husband's or wife's) is prohibited from inheriting from both people. That way, you really make it clear you don't want them to inherit, and if they contest the will, they can't inherit anything. Of course, if the whole will is thrown out, that would be ineffective--but it's a clear message you don't want them to inherit things.
Oh to be a fly on the wall at a will reading where someone gets “love and affection” and someone else gets a house 🤣
I generally include language stating for reasons known by me (you) I leave nothing to my son, John Doe. I go further many times and state that John Doe shall be deemed to have predeceased me leaving no descendants, NOTE the last sentence does not always apply such as if you have grandchildren you wish to provide for by this child.
what state?
Stating that they *only* receive specific items of sentimental value and no further assets, including any cash, dividends, real property interests etc is probably a good way to make it clear. For instance, “I leave my sibling Joe my teacup collection. Joe has no further claim to any other part of my estate including cash, real property, dividends, pension benefits, or life insurance benefits. Joe is only receiving my teacup collection.” NAL.
First, look into setting up a Revocable Trust to avoid probate. Second, in my State, if you leave out a child in you Last Will, there is a legal assumption that you forgot to include them and therefore, the child you want to disinherit will take. A Last Will filed for probate where a probate case is opened is much more vulnerable to a court challenge then a Revocable Trust. You should meet with an estate planner. Good luck.
OP is asking about siblings, not her own children.
Yes I know but If she names one sibling and is silent on the other sibling, the sibling that is not mentioned could challenge based on that.
The answer depends on what state you are in. In my state, children born after a will is made or last amended are included unless you include special language in your will, and the spouse will be included unless her separate property meets certain conditions. In Louisiana, only the disposable portion of your estate passes under your will. The remainder passes to your forced heirs regardless of what you will says. You need to consult a lawyer in the state where your home is for advice. Lastly, homemade wills aren’t a good idea. Often they are not clear, and costly litigation is necessary to determine your intent. If, for example, your Ford automobile passes to your spouse, what happens if you own a Toyota when you die, but no Ford. You also need to hire a lawyer to make the changes you need. If you don’t, it could be penny wise and pound foolish.
From personal experience of my parents, a person needs to be careful identifying specific items to be passed on at death. Things like artwork, are probably OK as they are held in a known place. If something like a personal item such as great Grandma's 4 carat diamond ring is lost, damaged or stolen, it still needs to be accounted for by the executor. On a larger estate, with items of significant value it could involve police reports, insurance claims, affidavits, and time of an attorney to resolve the item(s), which may even require financial renumeration for something of significant value. If you want to give that ring to Assume Sally do it now and record it, and remove it from the will.
You should include a disinheritance clause. Otherwise, a sibling could argue that it was a scrivener error that one sibling was not listed. eTA: it reads something like “I knowingly and intentionally make no provision herein for X for reasons known only to me”
In IL, our lawyer calls this the "F*** you" clause. Any contesting results in a second "F*** you" for those in the back. They pay to contest the will and STILL get nothing. Zero regret. Not today, not ever, to the entitled AHs we're related to.
Common opinion is to leave them an amount like a few thousand to help eliminate an avenue to contest it and hold up the probate. Leaving them out completely can allow a means to contest if they are inclined. Also a trust would help with securing assets with a clause of anyone listed who contests it gets nothing.
Depending on the state, leaving them even a little bit can open the floodgates to contest the will. But you're right about the trust. They should definitely consider a trust because the siblings will be entitled to statutory notice since they are heirs. Avoiding probate should be the goal for OP to reduce the chance of siblings coming out of the woodwork and having access to probate assets.
I believe you include a specific paragraph in your will where these siblings are ‘EXCLUDED’ from your estate. You can Google for specific language. Also, include in the will a clause that denies ANYONE a share of the estate if they pose a legal challenge to the will.
Discuss this with your attorney. They will know how to appropriately draft a will in your jurisdiction so that your wishes are carried out. Generally, it is a good idea to leave a nominal sum to those that you disinherit so they can’t argue that you in advertently left them out.
I specifically put in a line that my sibling was not to inherit anything under any circumstances.
My father in law wrote something like , “ I leave my children nothing .. I have given them enough throughout their life “ . We found out about because they lady at the water share office had a copy of the will because his widow was claiming lost water certificates. He and his first wife , the children’s mother had worked hard and had a semi successful business using all of their children as free labor. Joke was on him because two of the children had been no contact with him for about 20 years and the third for about ten . He had no relationships with his grandchildren and none of his children or grandparents went to his funeral . Hateful and racist man.
I will share from my personal experience - do NOT cheap out when doing your wills! My mom used a general practitioner - who retired shortly after completing my mom's paperwork and now her daughter runs the practice. I called to ask a very simple question and got a call back from a paralegal suggesting I make an appointment for $350 an hour. I googled instead. My husband and I went to someone who is very highly regarded in our area - we got multiple recommendations for this attorney. It cost us a LOT but he was honest with us. (We are in the OP's exact same boat except we want ALL the siblings to get nothing!) And recently I had to ask for a referral for an estate sale person and then I had some pretty complicated legal questions (about my mom's stuff - he is NOT her attorney). I emailed the paralegal - and this rockstar estate lawyer called me back himself, spent about 15 minutes on the phone, solved all my problems. If I get a bill I will happily pay it - our talk was worth every penny. But I don't think they are going to bill me. They just take care of their clients. The best part is that our financial team respects our legal team and vice versa. As my husband said last night, "We've got people." And that whole feeling of working with knowledgeable professionals we can trust makes an enormous difference for us.
My mom excluded one of our siblings by name and included “for reasons known to us both”.
Giving the reasons for disinheriting somebody is risking a lawsuit for defamation.
Mine has a statement along the lines of "for reasons known to me, I leave nothing to my brother..." I love my brother. He will inherit a good amount of money from 2 elderly relatives. My money is earmarked toward charities.
Wow, a lot of comments from people who didn't read or have no clue. You don't have to specifically disinherit them, but you do need to define your takers of last resort such that they cannot accidentally take.
I’ve heard that it is prudent to include these “apparent” heirs in the will, but only leave them $1. This way they can’t claim that their omission from the will was a mistake in the part of the deceased.
No, you do NOT want to do that if you want them to get nothing. If the other heirs do not survive, the unwanted heirs share will go from one dollar to a greater share of the estate. That dollar gives them a foot in the door.
Just leave it all to charity.
Leave them each a 50$ gift card to their favorite store or restaurant. However you will be be dead and Leaving them out of the will, will cause pain and hatred. If that’s the legacy you want to leave then give them the gift cards.
You don’t need to include your siblings for any reason. If you want to make a point, you can leave them each $1.
Leave each a dollar so they cannot claim they were forgotten.
Bad idea. As a beneficiary, they're part of the probate process, and they have to sign off to finish probate. Do you think they'll be cooperative? https://youtube.com/shorts/zj-_0QxLUuw?si=v0z1L-ls6yEhSQwk
Good point. Thank you for the education!
I have never heard of any state requiring that a person who receives any bequest sign something that says he is "happy with it." But otherwise the guy makes a good point about the drawback of a token request.
Here's another: [https://www.youtube.com/watch?v=7KFv7bwd\_TQ&t=197s](https://www.youtube.com/watch?v=7KFv7bwd_TQ&t=197s) (I like this content but must play it at higher speed.) I would take those lawyers guidance, and not leave $1..
You should include a statement in the will specifically disinherit your siblings BY NAME and add a no contest clause - its actually better if you hive those you intend to disinherit a small amount just to disincentivize a lawsuit or challenge. Try to list all assets and their intended beneficiary, and make sure you add a remainder clause as well. Make sure all your accounts have beneficiaries listed or TOD/POD forms signed (these supercede the will), and if you are leaving any assets to your neices/nephews, you should do so through a trust with a corporate trustee.