AI Legalese Decoder: Navigating Complex Legalities to Ensure Fairness in Estate Planning for Children from Past Relationships
- August 4, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI Legalese Decoder: Assisting with Inheritance Dispute
I. Background
My ex-partner and I shared a child who we split custody of when she was just three years old. Surprisingly, I hadn’t heard from her until she turned thirteen, and since then, she has been quite a handful. To support her financially, I faithfully paid child support until she reached the age of twenty-one, which was nine years ago.
Recently, as I am partially retired, I received a court summons naming my daughter as the plaintiff. Concerned about this unexpected turn of events, I reached out to her brother to gain some clarity. He informed me that she is seeking assurance that her daughter will be included in my will.
II. Need for the AI Legalese Decoder
As it stands, my current will does not allocate any inheritance to my daughter. However, she must still be mentioned as a beneficiary; otherwise, she could dispute the will in court. Unfortunately, there are deeper reasons surrounding her exclusion from the will, which I can explain in detail at a later time.
Considering the intricacies of this situation, I am left with the following questions: Can my daughter legally insist on such a demand, and will the court side with her? Should I employ a local attorney or seek guidance from a will attorney to navigate this delicate matter?
III. How AI Legalese Decoder Can Help
Fortunately, in this complex scenario, an AI Legalese Decoder can prove invaluable. By utilizing this advanced technology, granting it access to the necessary legal documents and information, it can offer insightful guidance based on the current legislation and precedents. Consequently, the AI Legalese Decoder’s comprehensive analysis will aid in making more informed decisions regarding my daughter’s demands and potential court outcomes.
Moreover, the AI Legalese Decoder can assist in identifying relevant legal professionals who can provide the specialized expertise required for this specific case. Whether it be a local attorney or a professional well-versed in matters of estate planning and wills, the decoder can help streamline the process of finding the most suitable legal representation.
In conclusion, the AI Legalese Decoder acts as a valuable resource for navigating complicated legal situations such as inheritance disputes. Its ability to interpret and analyze legal information will ensure that decisions are made with clarity and understanding, providing the best possible outcome for all parties involved.
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****** just grabbed a
No. YouÔÇÖre ex is completely wrong. You an include or exclude whoever you want in your will. In fact excluding people (including children) is very common.
If she in fact sues you do need an attorney. Should not be too expensive as this is complete bs.
I will not get into the morality here as itÔÇÖs not my business or the point of this sub.
I love how ÔÇ£IÔÇÖm going to sueÔÇØ is the adult equivalent of ÔÇ£IÔÇÖm going to tell my mommy on you.ÔÇØ
You’re getting a lot of advice based on some possibly incomplete information. I’m an attorney, but I’m not your attorney and probably not licensed in your state. I’m not aware of any state where you could sue to have someone included in a will, so don’t assume that’s what this is about just because that’s what her brother told you. Go to the Court and get a copy of the petition, or if it’s part of an older child support case or something, get the most recent motion that has been filed. That will tell you what she’s suing you for.
There are no enforceable legal grounds to require someone to put ANYONE in their will. The only question is whether the will is valid. You should get an attorney.. and you should seek for her to pay your attorneysÔÇÖ fees for a frivolous action.
After you win the court battle, put it minimal amount of money like other suggested; and include cheap salt shaker that you thoughtfully bought and giftwrapted. She would have a grand time opening it.
“to make sure her child we had together”
don’t you mean your child
Ah yes, as someone who was on the other end of this let me quote ÔÇ£ any omissions are intentional and not an errorÔÇØ
Graduates high school at 21?
Leave her $1.00 that way you didn’t leave her out and she can’t argue the will.
Is this kid mentally disabled?
It sounds like the child might have a disability? Is that why sheÔÇÖs looking to the future? (Graduating HS at 21 is a self contained classroom thing here)
Does your child have developmental delays? Is that why she graduated at 21? If your child will need supervision as an adult your ex may have grounds for this suit.
Nope, the court cannot order you who will be put in the will.
DonÔÇÖt know where you are consult with a reputable estate planner and family lawyer for concrete advice
She can make any demand she wants – your response is it is your will and assets and you can do what you want with them. Yes you need an attorney and you also need to file a complaint with the bar that her lawyer belongs to for bringing a suit to force you to include someone in your will (no legal precedent for this and she has no standing to even file that action. You can use the attorney that you used to draw up your will (assuming you have already created one).
I think that is why people leave relatives with $10. So it can’t be disputed that the person was left out by oversight. Get an attorney.
best thing to do is get an estate lawyer and have them draw up an iron clad will that disinherits your daughter, my Ex’s mother disinherited her for many reasons including drugs lies and legal issues and one line she put in her will was I took care of her in life, and I will not take care of her in death.
Yes get an attorney.
I’ve heard of people leaving a small nothing amount to avoid someone being able to contest it because it shows they were deliberately overlooked and it wasn’t a mistake. Tucker Carlson’s mom comes to mind. Talk to a lawyer.
1st of all, I am NAL. However, the way I see this, as a general rule, you have no obligation to provide for your adult offspring upon your death. Unless she is disabled and/or you are court ordered to continue to provide support for her or something of that nature … and even then, it would be more prudent to have a substantial life insurance policy on yourself payable to a trust for her rather than an estate share (unless you’re a gazillion-aire or something). If she is disabled, this could be problematic down the road; having access to any kind of money above and beyond her SSDI could cause problems down the road as far as her qualifying for Medicaid and group home care.
In my state, you can exclude someone from your will by simply stating that you are intentionally not making any provisions for that person in your will. No need to leave them $1 or any other such nonsense.
Start with your estate attorney and make sure the language in the Will meets the requirements in your state. As far as getting sued, or the possibility of your daughter coming back and causing a stir amongst your other children after your death, I wouldn’t borrow worry or trouble. For all you know, this is just your crazy X talking out of her ass and your daughter may have zero interest in you or any potential inheritance.
Estate attorney here, not giving you any legal advice as estate laws are handled differently in every state but I do often draft wills and trusts that intentionally omit a child. Language is added that states that “you intended to omit them.” Nuff said.
ThatÔÇÖs your child, too. But you can disinherit a child as long as they are not a minor.
IAL. Please please please ignore everyone here telling you to leave a dollar or nothing or that youÔÇÖre guaranteed to win a court case. They donÔÇÖt have a clue because they donÔÇÖt know what jurisdiction controls the question of what you have to leave your child in your will. Consult an estate planning attorney who is licensed in your state (not necessarily a family law attorney, which includes other things as estate planning is very specialized). DoesnÔÇÖt have to be the one who wrote your will.
Usually the recommendation is to specifically mention all children, grandchildren, etc so that none can argue that they were forgotten in the will. Specifically mentioning them and saying they get nothing or they get a dollar or whatever and then adding that anyone who contests the will gets nothing should be more than enough to handle this issue. Just leaving her name out, especially when you weren’t around for her upbringing, leaves your will open to being contested.
Not a lawyer : my question is does the mother of the adult child have legal standing? (Thought of this because of a recent Supreme Court decision)
Wouldn’t a lawsuit compelling something in someone else’s will constitute duress of the will writer? It kind of throws ‘being of sound and body’ to the wind and undermines the lawsuit.
I would love an update after the court date. I think this will be dismissed quickly unless there is a settlement. ( Which might be the end goal for the plaintiff to go away). “not quite extortion, but kinda”.
Unless your divorce decree includes the stipulation that you will provide for the kid in your will she’s SOL. Plenty of people exclude kids from their estate for various reasons. Also not sure why your ex wife is aware of the content of your current will?
I know under local laws that a will no matter how “locked down” can be challenged if it is “out of date” (usually when circumstances change, esp with things like child coming of age or new significant other)
Is the will written after child became 21 & stopped attending school? (Here they can also be dependant for Uni/College even if an adult)
So long as no life changes I can’t see how it would be an issue but even if it was you are still alive and can simply write a new revised will excluding her if thats what you wish to do
Just call the attorney who drafted your will, if they donÔÇÖt handle litigation, they can recommend someone. This type of case will be tossed by a Motion to Dismiss. There is no legal or equitable cause of action here, further, the mother of your child has no legal standing.
Your actual daughter wouldnÔÇÖt have a legal or equitable cause of action. You are under no obligation to even share your will with anyone, including a court.
What law states you must have a will ?
Since she graduated at 21, I have to ask if she was in extended services. Depending upon your state, if she was in extended services, it may not matter if she is excluded in your will. She could potentially be the legal beneficiary to half your estate regardless of what you want.
Talk to your lawyer who drew up the will.
My grandparents left one of my cousins out of their will. Every other relative was left a percentage of their estate. There was only one line in the document basically stating that they were aware that my cousin was not to be left anything and it was deliberate.
Check with your states rules and regulations concerning wills. If a child isn’t “excluded” they have a right to challenge and make a mess of everything. Ask whoever wrote up your will to exclude those people and you can rest easy.
Trusts are harder to contest.
No, it doesn’t sound like there are any grounds to sue you, so no lawyer is going to waste their time on this case. Almost no one who runs their mouth about suing someone goes through with it, and even if they really try, they generally don’t get past the initial consultation with a lawyer who will tell them it’s a waste of time.
If she in fact sues you, you do need an attorney, but it should not be too expensive or take too long.
I donÔÇÖt think anyone has to legally include anyone in their will
I wasnÔÇÖt in my dad will (not that he had much.. everything went to my mom) and he was an amazing father and even grandparent to my kids.
My mom doesnÔÇÖt have a will, so IÔÇÖm not sure how that will work ƒñö
But I didnÔÇÖt really expect either of my parent to leave me anything. ItÔÇÖs not like they have much to be honest ƒñÀÔÇìÔÖÇ´©Å
Some people are suggesting to leave some miniscule amount but this is not the way to go as they can argue it is a mistake. The best thing is to simply say “i choose to leave person x nothing”.
This blog by a law office explains it: https://www.snyderlawpc.com/should-i-leave-1-in-my-will-to-disinherit-an-heir/
Put her in and leave her $1.
You definitely need legal advice.
You need an attorney, preferably not the same attorney that has you paying child support until the child was 21. That reeks of terrible lawyer.
You have no legal obligation to include a child in your will. Tell your ex to go pound sand she can’t do anything.
I could be wrong but if thatÔÇÖs what they want, couldnÔÇÖt you just include them in the will basically saying ÔÇ£child gets nothing from my estateÔÇØ?
I mean, she’s *IN* the will. You’ve specifically said she gets nothing, right? So your ex has no legitimate complaint. If it goes to court you’ll have to let me know whether “It seems suspicious that my ex is **particularly interested** in what happens to my stuff if I were to **MYSTERIOUSLY DIE**…” gets a chuckle from the judge.
If she goes to family court, she can demand child support.
If she goes to civil court, demanding you include children in your will, she will literally be laughed at.
IÔÇÖve experienced this one. I rewrote my will and left $5.00 to the person who had to be named in the will, I even gave a very long reason why.
The attorney I had rewrite my will suggested this as if they tried to contest the will they would loose.
Best $85.00 I ever spent for legal advice.
Go to court and donÔÇÖt bother getting a lawyer for this one. Just say no, youÔÇÖre not going to put her in the will. Thank her for getting this on record. Go get a burger.
“Her child” “her daughter” wtf?
Anyways, no they cant force you to put anyone in your will
OP, you mentioned that your daughter graduated high school at 21. Please explain the circumstances regarding that delayed graduation, it may be an important factor.
IÔÇÖd love to know why youÔÇÖre being a dick to your daughter. Other than paying court ordered child support, did you play any role in her life?
She canÔÇÖt help who her mother (or father) are.
Having just recently completed preparing a will for myself, it’s no big deal to include a child in your will, even if you don’t want them to receive anything from your estate. All you need to do is stipulate that they get $1 and no more. You can put in a clause that if the child contests the will they get nothing, and only getting $1 is pretty much next to nothing.
This kinda stipulation in a will is pretty standard and happens pretty frequently from what I understand. Talk to your estate planner/attorney and get the details when you go to get your will completed.
SheÔÇÖs your damn daughter bro tf