Submitted by Anonymous on Thu, 09/09/2010 - 09:48
Posted in
I'm a healthy 68 year-old woman with only three nieces as living relatives. I have a trust set up and my attorney assures me that it only leaves property to the two nieces who have been kind to me all their lives and who have been a great help to me in my old age. The other niece is a not a good person and she is married to an attorney, so I worry she will make trouble after I am gone and try to sue my estate for some of the money. Any thoughts?
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Editor's Response
This is certainly something you should discuss with your attorney, the person who drafted your estate planning documents. Typically, in this situation, the estate planning documents will use specific language to identify the person who is being left out of the will. For example, the will and/or trust may state that you are aware you have a third niece named X, and you are intentionally leaving her out of your will or intentionally not naming her as a beneficiary of your trust. The language may vary, but the point is to prevent the named person from claiming that you somehow overlooked her and that you actually intended to leave her something. Hope that helps.
How to make sure I exclude person from my will or estate in MA
You state that your intent is to leave your assets to two of three living relatives. You may know assets may be titled in many ways, for example in sole name, in joint name, in trust, by contract or as the law requires. As a double check for the work your attorney has done, make sure if you have any assets in your sole name that you have a will that specifically states who you wish your assets to go to and who you specifically do not so there is no question. Make sure you have no joint property in that niece's name. Make sure any life insurance, retirement benefits, annuities do not have her name on the beneficiary page and you name the other two nieces on them. However, if it is your and your attorney's intent to put all your assets into the trust, make sure they are all titled properly and have in fact been transferred. After you have done all this, it makes sense to confirm all these matters with your attorney if you still have questions as this is for information purposes only and not legal advice.
Allan Baron
http://www.baronlawmediation.com