Disinheriting Children

Question

Do I have to leave property to my children?

Answer

You are not generally required to leave property to your children. There are a few exceptions; for example, in Florida, your primary residence must go to your spouse or minor children.

It is important, however, that you at least state each child's name in your will. (Your WillMaker will does this.) If you don't, it may not be clear whether you intentionally left a child out of your will or whether the child was accidentally overlooked (called "pretermitted," under the law). Children unintentionally omitted from your will -- usually because you made your will before they were born -- may have a right to claim a share of your estate.

Read more about children's inheritance rights.