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re: Reasons for cutting an heir out of a will?
Posted on 11/16/18 at 10:55 am to Paige
Posted on 11/16/18 at 10:55 am to Paige
quote:
I thought in LA you're not allowed to cut one of your children out, unless they're adopted
If that’s the case this sucks for a cousin of mine who was adopted but was never told so, he’s in his 20’s now. His dad, my uncle is loaded too.
1
Posted on 11/16/18 at 10:55 am to GreyWhiskers
Why do you assume that all heirs are added to the will in the first place? That's one of the purposes of a will after all, to determine who gets your stuff.
You are also assuming this conversation never came up between the parents and the son. If they told him that if he didn't get his shite together they weren't giving him anything, and he never got his shite together are you saying he still deserves half their shite?
If you are a good kid, parents will leave you stuff. If you suck at life, you shouldn't expect anything. Its pretty much that simple.
You are also assuming this conversation never came up between the parents and the son. If they told him that if he didn't get his shite together they weren't giving him anything, and he never got his shite together are you saying he still deserves half their shite?
If you are a good kid, parents will leave you stuff. If you suck at life, you shouldn't expect anything. Its pretty much that simple.
Posted on 11/16/18 at 10:55 am to GreyWhiskers
a trust would have been a better option
Posted on 11/16/18 at 10:56 am to Evil Little Thing
That's just sad if true.
Posted on 11/16/18 at 10:58 am to GreyWhiskers
An inheritance is not a right, it is a blessing. To receive my blessing, you need to first be in relationship with me. If you never call and never visit - we are not in relationship.
In my case, I have told both my kids not to expect an equal share of anything material.
I love my children equally, but that does not mean I use my finances on them equally.
If one of my kids has shown an extraordinary gift at managing money and would use my inheritance in a way that would benefit generations...then they will get the lion's share of it. If the other one, is upside down in a car payment, two months behind on bills and just booked a cruise...they can't be trusted with money. I am the one who earned the money, if its just going to be wasted - then I will be the one to waste it.
My mom passed away this year and we are still working through all the court and probate issues of it. She did not have a will. (big mistake) She had about 100,000 in cash that my father will decide how he wishes to distribute. He can keep it all, or give me or my siblings some of it. But he need not concern himself with it being "equal". I am fine if I get all of it, none of it, or part of it.
In my case, I have told both my kids not to expect an equal share of anything material.
I love my children equally, but that does not mean I use my finances on them equally.
If one of my kids has shown an extraordinary gift at managing money and would use my inheritance in a way that would benefit generations...then they will get the lion's share of it. If the other one, is upside down in a car payment, two months behind on bills and just booked a cruise...they can't be trusted with money. I am the one who earned the money, if its just going to be wasted - then I will be the one to waste it.
My mom passed away this year and we are still working through all the court and probate issues of it. She did not have a will. (big mistake) She had about 100,000 in cash that my father will decide how he wishes to distribute. He can keep it all, or give me or my siblings some of it. But he need not concern himself with it being "equal". I am fine if I get all of it, none of it, or part of it.
Posted on 11/16/18 at 10:58 am to GreyWhiskers
I wouldn't need a reason. It is my money and I'll do with it how I please
Posted on 11/16/18 at 10:58 am to AbitaFan08
Posted on 11/16/18 at 10:58 am to ellishughtiger
quote:He is in his 20s and he was never told he was adopted?. That’s messed up.
If that’s the case this sucks for a cousin of mine who was adopted but was never told so, he’s in his 20’s now. His dad, my uncle is loaded too.
Posted on 11/16/18 at 11:02 am to Mingo Was His NameO
quote:
You can't be serious
They are not serious. In Louisiana as well as other states you can cut heirs out of your will so long as you have a will. If you die intestate then the laws of forced heirship apply. The only person who can't get the shaft is a spouse. He/she is entitled to half of the assets and half of the family home with usufructus for the remainder of her/his life
Posted on 11/16/18 at 11:04 am to GreyWhiskers
My wife's father was a 50% heir to real estate in coastal California that brings in a lot 8f monthly rent income. I'm not going to get into the details, but after he passed away the courts in California wanted to split that 50% 3 ways including a step brother that was assumed to be adopted even though my FIL had purposely written the step son out because of his poor financial discipline. It had to go to court but it was proven that even though their was a legal name change, there was never an official adoption done.
Posted on 11/16/18 at 11:05 am to KiwiHead
I was serious but apparently I was wrong
Posted on 11/16/18 at 11:05 am to GreyWhiskers
quote:I believe I was cut out of my grandparents will because of this when I was 23. I’ve been clean since I was 25. She died when I was 37. Still left me out
because of his addiction to drugs and alcohol
Posted on 11/16/18 at 11:06 am to GreyWhiskers
thats a good reason....drugs, any kind of addiction
Posted on 11/16/18 at 11:07 am to GreyWhiskers
Not addressing me as “The Dark Knight” each time I walked in the room
Posted on 11/16/18 at 11:09 am to GreyWhiskers
Maybe estrangement. Maybe they already gave the person their share. Maybe the person is wealthy and doesn't need anything. Could be a lot of reasons.
Posted on 11/16/18 at 11:10 am to SECdragonmaster
quote:
My mom passed away this year and we are still working through all the court and probate issues of it. She did not have a will. (big mistake) She had about 100,000 in cash that my father will decide how he wishes to distribute. He can keep it all, or give me or my siblings some of it. But he need not concern himself with it being "equal". I am fine if I get all of it, none of it, or part of it.
What's the real big mistake about your mom not having a will, if your dad is going to end up with it all? Is that not what she wanted?
Posted on 11/16/18 at 11:15 am to Chief Hinge
quote:
That's just sad if true.
Almost nothing I say on here is serious.
Posted on 11/16/18 at 11:16 am to East Coast Band
Land and real estate is also very tricky to pass evenly, if not impossible. Its common for one heir to have full control but split the income or use.
Posted on 11/16/18 at 11:17 am to KiwiHead
quote:
In Louisiana as well as other states you can cut heirs out of your will so long as you have a will. If you die intestate then the laws of forced heirship apply. The only person who can't get the shaft is a spouse. He/she is entitled to half of the assets and half of the family home with usufructus for the remainder of her/his life
No.
Posted on 11/16/18 at 11:18 am to SECdragonmaster
quote:
My mom passed away this year and we are still working through all the court and probate issues of it. She did not have a will. (big mistake) She had about 100,000 in cash that my father will decide how he wishes to distribute. He can keep it all, or give me or my siblings some of it. But he need not concern himself with it being "equal". I am fine if I get all of it, none of it, or part of it.
Your mom had $100k outside of your dad's control? Was it family money or something?
Just seems odd the way you said it. If either of my parents passed away I would expect the other to keep everything until their own passing.
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