Eureka, CA asked in Estate Planning and Probate for California

Q: Can a person with multiple children decide to just leave their money to their favorite children?

Is this common to only designate a few heirs or do courts often step in?

Related Topics:
1 Lawyer Answer
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: People have the right to do what they want with the property they own. You have that same right. As a result, if you want to leave all your money to a charity and none to your family, you can do that. If you want to leave money to some relatives and not others, you can. No one can force you to leave money to all of your family members if you don't want to do so. While most people choose to leave their money to all of their children, there are some people who decide to cut out a child or children for personal reasons. A court will not, on its own accord, step into a situation. Someone would have to file a claim with the court and ask it to intervene. Whether an heir who brings such a claim will win depends on the language in the trust or will, and the circumstances surrounding the drafting and signing of the trust/will. I hope that helps!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.