You Be The Lawyer: Cut A Child Out Of The Will

20 Sept 2022 · 1 min

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In this episode of the You Be The Lawyer series, the host presents a hypothetical client, Woody T. Floyd, who wishes to disinherit his estranged youngest daughter. Three possible revisions to the will are offered: (1) omit the daughter entirely, (2) explicitly name her but state she receives nothing and is to be treated as if she predeceased the testator, and (3) leave her a nominal $1. After prompting the audience to choose, the host declares that options 1 and 3 are incorrect and explains that option 2 is the proper legal method. The rationale is that explicitly naming the daughter and declaring her predeceased prevents future challenges and ensures the estate is distributed as intended, even though the approach is harsh.

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Tonight it's time for another episode of You Be the Lawyer. Here are the facts. My client Woody T. Floyd has come to see me because he wants to revise his will. Woody has 3 children, but he has become estranged from his youngest daughter. That means she doesn't like him anymore. Woody has decided he wants to cut this daughter out of his will. Here are the options. You decide which to choose. Option 1: Rewrite the will and totally leave the daughter's name out of it. Option 2: Rewrite the will but state specifically that that daughter is to receive nothing. And Option 3: Rewrite the will and leave that daughter $1. Take all the time in the world to decide. Okay, that's enough. If you said option 1 or 3, you're wrong! The correct answer is 2. Put the daughter's name in the will but indicate she is to receive nothing and state that she should be treated as though she predeceased Woody T. Floyd. I know it's harsh, but WTF is a harsh man.