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JerrySJD
JerrySJD, Attorney
Category: Family Law
Satisfied Customers: 821
Experience:  Divorce, child custody, support, mediation, alimony
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i want to disown an adult child to make sure that my will goes

Resolved Question:

i want to disown an adult child to make sure that my will goes uncontested. how do i do this?
Submitted: 5 years ago.
Category: Family Law
Expert:  JerrySJD replied 5 years ago.

JerrySJD :

Should be fairly straigtforward. First thing you need is a will with a self proving affidavit.

Customer:

can i do a letter and notarize it and send to him?

JerrySJD :

Any good will has a self proving affidavit. This is where the witnesses state that they observed you and you are of sound mind and body. The notary certifies this. It comes right after the will signature line. Next thing is to make sure that the will states you have children named x, y and z. Then you state that you are intentionally omitting the disowned child.

JerrySJD :

A letter to him notarized will not work, unless it is in fact a will.

JerrySJD :

Some letters can be deemed wills, if they are properly notarized. Better to make out a real will. You do not even have to tell him about it. You should also have a Power of Attorney and a Living Will while you are at it.

Customer:

ok so basically state in the will i am disowning him or is that the self proving affidavit. i just want to make sure he does not contest from my granddaughter which is my daughters child.

JerrySJD :

The best thing to do is make the will, POA and LW and put them in a safe place where he cannot get them. You can leave the will with an attorney or your executor or in a place he cannot access but can be accessed when you pass.

JerrySJD :

You state that in the will. The self proving affidavit just says you are competent to make the will. So you say in the will the my son [name] is intentionally omitted from this, my Last Will and Testament.

Customer:

so no matter what, if i do not state him in will or state that i disown him, he cannot contest? he hates his sister and his neice.\

Customer:

i think i get it, just state he is omitted and he is omitted. before it used to be you had to leave at least a dollar. i do not know if this is true or not.

JerrySJD :

Yes, that is correct. Leave him out and say that he is intentionally omitted. Do not tell him about it, it is not his business. If the daughter is the executor, then she needs to know there is a will and where it is. You do not have to tell her about it (leaving him out) either. I would not. This will unfold after you pass, but it has to be set up in advance.

Customer:

tysm for your help.

Customer:

we are done, correct?

JerrySJD :

You got it. Get working on it as soon as you can. You can do an on line will with Nolo.com, or another will provider, or use an attorney. An attorney should charge between $250 and $500 for the will, POA and Living Will. On line kits are about $49. If you do it on your own, be sure it is properly signed, witnessed and notarized. Many states require 2 witnesses (uninterested) and a notary. The notary can be a witness. Some states allow attorneys to notarize as attorneys or "Commissioners of the Superior Court". Best bet is to bring the will and other docs to a bank where they have a notary and witnesses available.

JerrySJD :

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Customer:

ty

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