Another thing that San Diego Business Law suggests you consider is your family members’ right to inherit. Only very close relatives may claim part of your estate including a surviving spouse, children, or children of a deceased child. Spouses cannot usually be completely cut out. In most circumstances they are entitled to up to ½ of the deceased spouse’s estate, but they have to take the matter to court in order to have it enforced. If you have not planned to give at least half of your property to your spouse in your will and have not provided for them generously outside of the will then you need to either consult a lawyer or have your spouse willingly consent in writing to your plan. Getting divorced automatically revokes gifts made to a former spouse in your will in most states. You should still, however, make a new will revoking the old one. Generally speaking, children have no right to inherit anything from their parents. In some circumstances, though, children may be able to claim a share of the deceased parent’s property. Usually this law goes into effect when a child is born after the parents made a will, and the will provides to siblings. The assumption is that the parent didn’t have time to revise it to fit that child. If you wish to disinherit a child you should clearly state that in your will and if you have a new child you should create a new will.

Living Wills and Trusts - Overview
Living Wills and Trusts - Estate Executor
Living Wills and Trusts - Right to Inheret
Living Wills and Trusts - Preparing for the Worst
Living Wills and Trusts - Multiple Benefeciaries

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San-Diego-Business-Lawyer.com represents clients in both commercial and residential real estate transactions. We have years of experience in sales, exchanges, negotiation, drafting, finance, loan workout, restructurings, sale-leasebacks, acquisitions, and even more of the intricacies of the real estate world that most law firms don’t even begin to understand.

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