The answer is yes; however, a surviving spouse or domestic partner may be able to file for an elective share against the Estate and if good cause is shown a disinherited child may also seek to recover a share of the Estate. Source https://co.ocean.nj.us/OC/surrogate/frmResources.aspx There can be a variety of reasons for not including a child in a will or trust or giving certain children a disproportionately smaller share. Some of the common reasons include: 1] one child may be very well off and not need the money 2] one child may have received substantial sums over the years 3] some children may not have sacrificed as much as others in caring for the aging parents 4] any money would probably go to fund the child’s substance abuse 5] a child may have creditors who would be the primary beneficiaries of the gift or 6] a child may be estranged from the parents. Once a decision is made to completely disinherit a child, careful consideration should be given on how it is handled in the will/trust. However, if you don’t specifically exclude the child, a court could be persuaded that it was a mistake or drafting error and override your will/trust to provide that the child receives an amount equal to the other children. In stating that a child is not included, should you provide a reason? When a reason is given, the child could challenge the will/trust, alleging that the reason given is not factually correct. The courts have the power to overturn wills/trusts based on mistaken facts. One solution would be to state the child is excluded for reasons they will understand. Being disinherited can be painful. How it is handled in the will/trust should be thoughtfully considered. This raises the question: Since the parents will not be there later to discuss the rationale, should they while living explain the reasons to the child? Contrary to popular thought, you are not required to leave the disinherited child anything in the will/trust. Some people mistakenly believe that you must give the disinherited child some small amount, say$10. This may create a problem. This child probably will find the gift insulting and refuse to take it. When there is $10 remaining in the estate account, it is difficult to close the trust or probate estate. Rather than completely disinheriting, a child may be left a smaller share than others. Some people want to include a provision that if the child challenges the will/trust, he/she loses everything he was to receive under the document. This is called “terrorem clause” because it is intended to terrorize the person not to challenge the will/trust.
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