Estate planning could involve excluding family members

Many New York residents want to make it clear who they want to receive their assets after death. This desire is relatively easy to carry out as individuals have many estate planning options. Of course, some parties may wonder whether they can also use their plans to make sure a specific person does not receive any property.

When parties create their wills, they can expressly exclude anyone from benefiting from the estate. Some individuals may do this by naming the person and giving reason for the exclusion or without giving specific reason if they choose not to. In some cases, it may be wise to forgo an explanation as the excluded individual may feel the need to challenge that reason in court.

Of course, even without a reason, the person could still want to contest the will. As a result, some parties may want to consider including "no contest" clauses in their documents that may dissuade individuals from attempting to contest the will. These clauses are not recognized everywhere, but they are enforceable under state law. Therefore, interested parties may want to gain more information on this option.

New York residents can often utilize estate planning to specifically detail their desires to a certain extent. If parties are interested in potentially excluding individuals from their plans or want to explore no contest clauses, they may want to speak with knowledgeable attorneys. These legal professionals can advise them on the best ways to reach their goals for their particular cases and help them understand available options.

No Comments

Leave a comment
Comment Information
FindLaw Network
EMAIL US FOR A RESPONSE

Let’s Talk.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

An Elder Law And Estate Planning Law Firm On Your Side.
Futterman, Lanza & Pasculli, LLP | Elder Law & Estate Planning Law Firm

satellite office

By Appointment Only

180 East Main Street
Suite 101
Smithtown, NY 11787

Phone: 631-894-4730
Fax: 631-979-9546
Smithtown Law Office Map

13 East Main Street
Bay Shore, NY 11706

Phone: 631-515-5978
Fax: 631-665-9262
Bay Shore Law Office Map

satellite offices
1050 Franklin Avenue
Suite 302
Garden City, NY 11530

Phone: 631-894-4730
Phone: 516-750-5511
Fax: 516-453-0299
Map & Directions

33 Flying Point Road
Suites 121/122
Southampton, NY 11968

Phone: 631-894-4730
Map & Directions