Burnsville, MN asked in Estate Planning for Minnesota

Q: Can I leave all of my property to just one of my children?

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1 Lawyer Answer

Scott Maki

Answered
  • Estate Planning Lawyer
  • Marble, MN
  • Licensed in Minnesota

A: The short answer is Yes, you can leave all of your property to just one child. However, in order to accomplish that, you will need to specify those wishes clearly in properly drafted estate planning documents.

Generally, it is assumed that if a decedent doesn't have a spouse, that he/she would want their property distributed evenly among their first generation of heirs (their children, and/or their children's heirs if they pre-decease). This distribution is known as 'per stirpes'.

So you need to overcome that assumption with careful wording in your estate plan to ensure your wishes are carried out as you desire.

I hope this answer helps, and best of luck!

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