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nrthshgrl
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Legal question: Wills
If someone makes a will that states persons A, B & C will share their estate but then the person goes on to have a child.
Is the minor child excluded from the estate if the person dies before updating the will?
I realize this would vary from state to state & from country to country, but I was reading about Health Ledger & how his family will "make provisions" for Matilda. If I were Michelle Williams, I think I wouldn't trust that that would occur - even if I had a good relationship with the ILS unless it was made in writing.
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Posted 3/31/08 10:40 AM  |
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janet
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Member since 5/05 12823 total posts
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janet
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Re: Legal question: Wills
Is the minor child excluded from the estate if the person dies before updating the will?
i would think if the parent of the minor would/ should have a will and can pass on from her will about the other will. as for by default i think it is the executor's of the will's choise and decision to where the money or items left would go. (being that there is no drama involved) if there is the a judge like others said would make the final decisions
Message edited 3/31/2008 11:11:17 AM.
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| Posted 3/31/08 10:44 AM |
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KPtoys
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Member since 5/05 8688 total posts
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Karen
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Re: Legal question: Wills
I think so, look what happened to Anna Nicole. I am sure there is a judge somewhere who will rule in the childs favor.
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| Posted 3/31/08 10:45 AM |
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Bxgell2
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Beth
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Re: Legal question: Wills
I don't know the rules in NY, but generally speaking, yes, the will trumps all, if it is legitimate. Of course the child can contest the will, and that would be up to the court to decide, but generally speaking the judge should defer to the will provisions itself.
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| Posted 3/31/08 10:59 AM |
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Kara
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Re: Legal question: Wills
Posted by Bxgell2
I don't know the rules in NY, but generally speaking, yes, the will trumps all, if it is legitimate. Of course the child can contest the will, and that would be up to the court to decide, but generally speaking the judge should defer to the will provisions itself.
Yes, but in certain states, you must expressly disinherit your child, meaning the will must specifically state you are disinheriting your child. This rule (where it exists) is to cover exactly this type of situation, where a child is born after a will is made.
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| Posted 3/31/08 11:07 AM |
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Bxgell2
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Beth
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Re: Legal question: Wills
Posted by Kara
Posted by Bxgell2
I don't know the rules in NY, but generally speaking, yes, the will trumps all, if it is legitimate. Of course the child can contest the will, and that would be up to the court to decide, but generally speaking the judge should defer to the will provisions itself.
Yes, but in certain states, you must expressly disinherit your child, meaning the will must specifically state you are disinheriting your child. This rule (where it exists) is to cover exactly this type of situation, where a child is born after a will is made.
Does NY adopt that law? I know we don't have that provision in PA.
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| Posted 3/31/08 11:15 AM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
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Re: Legal question: Wills
Posted by Bxgell2
Posted by Kara
Posted by Bxgell2
I don't know the rules in NY, but generally speaking, yes, the will trumps all, if it is legitimate. Of course the child can contest the will, and that would be up to the court to decide, but generally speaking the judge should defer to the will provisions itself.
Yes, but in certain states, you must expressly disinherit your child, meaning the will must specifically state you are disinheriting your child. This rule (where it exists) is to cover exactly this type of situation, where a child is born after a will is made.
Does NY adopt that law? I know we don't have that provision in PA.
So let's say you were Michele Williams, do you challenge the will & upset the apple cart? Also would it be challenged in NY since he was living here at the time?
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| Posted 3/31/08 11:31 AM |
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Kara
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Member since 3/07 13217 total posts
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They call me "Tater Salad"
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Re: Legal question: Wills
Posted by Bxgell2
Posted by Kara
Posted by Bxgell2
I don't know the rules in NY, but generally speaking, yes, the will trumps all, if it is legitimate. Of course the child can contest the will, and that would be up to the court to decide, but generally speaking the judge should defer to the will provisions itself.
Yes, but in certain states, you must expressly disinherit your child, meaning the will must specifically state you are disinheriting your child. This rule (where it exists) is to cover exactly this type of situation, where a child is born after a will is made.
Does NY adopt that law? I know we don't have that provision in PA.
Honestly not sure about NY. Estate law isn't my area of expertise. You can find more information by searching for pretermitted children or after-born children statutes on WestLaw or Lexis (or even on Google -- there is some okay general info out there, but for state-specific rules, I'd go with more legitimate legal sources  ).
I was under the impression that most states have some sort of pretermitted / after-born children statutes, but I may be wrong. So in PA, afterborn children have no rights of inheritence, even if their other parent doesn't inherit and they were not intentionally left out of the will? (Just curious!)
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| Posted 3/31/08 11:31 AM |
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Bxgell2
Perfection
Member since 5/05 16438 total posts
Name:
Beth
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Re: Legal question: Wills
Posted by Kara
Posted by Bxgell2
Posted by Kara
Posted by Bxgell2
I don't know the rules in NY, but generally speaking, yes, the will trumps all, if it is legitimate. Of course the child can contest the will, and that would be up to the court to decide, but generally speaking the judge should defer to the will provisions itself.
Yes, but in certain states, you must expressly disinherit your child, meaning the will must specifically state you are disinheriting your child. This rule (where it exists) is to cover exactly this type of situation, where a child is born after a will is made.
Does NY adopt that law? I know we don't have that provision in PA.
Honestly not sure about NY. Estate law isn't my area of expertise. You can find more information by searching for pretermitted children or after-born children statutes on WestLaw or Lexis (or even on Google -- there is some okay general info out there, but for state-specific rules, I'd go with more legitimate legal sources ).
I was under the impression that most states have some sort of pretermitted / after-born children statutes, but I may be wrong. So in PA, afterborn children have no rights of inheritence, even if their other parent doesn't inherit and they were not intentionally left out of the will? (Just curious!)
I'm no wills expert either, but I believe that's the case in PA - I remember memorizing that provision of the estates bar exam book because it was one of the few areas in which PA law was different.
Then again, that whole time was one big foggy memory for me 
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| Posted 3/31/08 11:35 AM |
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PegaLega
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Member since 1/07 1110 total posts
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Peggie
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Re: Legal question: Wills
wait, wouldnt his will go by Australia laws not NY state?
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| Posted 3/31/08 11:52 AM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
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Re: Legal question: Wills
Posted by PegaLega
wait, wouldnt his will go by Australia laws not NY state?
His will was made in Australia. But he was a resident of NY, as is his daughter.
I would never leave it up to chance that my daughter would be the beneficiary. Right now that brothers are fighting that the dad isn't responsible enough to be executor.
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| Posted 3/31/08 12:26 PM |
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