How to Disinherit Children While Avoiding a Will Contest

My question involves estate proceedings in the state of Texas: I am 71 years old and have been married to the love of my life or 8 years. I have 3 adult children from a 1st marriage. Tragically, my 3 children disapprove of my present marriage. I do not understand the disapproval, as only one of the 3 children has even met my wife, even though we all live within 200 miles of each other. However, I am certain the 3 children have been heavily influenced by their mother. I suspect that money (inheritance) is a part of the disapproval.

I am updating my will and have 2 questions.

1. My wishes are simple. I wish to leave everything to my wife and nothing to my children. The estate is the house, all contents, 2 cars, and my retirement account. The question is, how can I prevent my 3 children from challenging the will, or other wise causing problems for my wife, upon my passing? I am concerned that this is a potential problem.

2. I don't have many options for an executor, certainly not one of the children. Also, all of my long term friends are seniors, many with health problems and/or they live in other states. I may survive them all. I would like my wife, the heir, to also be the executor. Are there any potential problems with my wife being the sole heir and the executor?

Thank You!

Texas allows you to disinherit your children and you can include simple but specific clause in your will such as "I intentionally leave no provision under this Will for my child, Jane Doe."

This doesn't mean that they can't waste their money fighting afterwards, and you'd do well to consult with a local attorney to make sure your will is actually valid.

Thank you. Hopefully, that phrase will suffice, to nullify a challenge. I'll include it, naming each child. Should I name grandchildren, also?

Are you going to try to write your own will?

If you are going to disinherit children, I would suggest that you spend the couple hundred bucks to have an attorney draft the will.

How are the house and cars owned? Solely by you? Jointly? Have you named a beneficiary for the retirement account?

You can always have a attorney be the executor, he can be paid from the estate proceeds.

One car is jointly owned and the other is owned by me. Yes, I named her the beneficiary on the retirement account, but there is a "cash account" that does not have a way to designate a beneficiary specifically for this account.

Yes, I am strongly leaning towards spending the money to have an attorney draft the will. I did check with an attorney I know socially and he said $500 and up for a basic will. That was more than expected and I have looked at the WillMaker software. But, I want to get this right, so my plan is to look for an attorney of service that is less expensive.

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Good suggestion, thank you. I will ask about this when I talk to an attorney.

You are best to hire an attorney to write the will. There are special words and phrases in "Legalese", and a lawyer will be able to determine that you were of "sound mind" when writing the will, making it harder to contest.

You can get a consult with a few different lawyers and decide which one you feel best about.

Yes, I'd like to talk to at least a couple of attorneys, but not sure how/where to find them. I've never needed an attorney before (knock-on-wood). Doing a Google search or any data base seems throwing a dart at a list on the wall.

FYI, if this is a 401(a), 403(b) or 401(k) account that you're talking about, BY LAW your beneficiary MUST be your spouse unless your spouse provides written permission for you to leave it to someone else. You would have had to seek that permission at the time you made the beneficiary designation. I can't speak for other forms of retirement accounts.

Sort of, cbg. ERISA *PRESUMES* the spouse (at the time of death) is the beneficiary. If another is named without spousal consent, the named beneficiary and the spouse spilt 50/50. Of course, this is immaterial to what's going on here. He wants to leave it to the spouse and cut out the children. The important thing for retirement accounts that DOES APPLY HERE is that the beneficiary designation (when there is one) TRUMPS anything the will says. If you had the kids listed as beneficiaries, you'll need to change that right away if you don't want them to potentially get anything.