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FAQs

"Can a parent literally cut one of their children out of their will? If Child wants to move to another country/state over age 21, can parent threaten to disinherit them? Is this a federal rule or state?"

Gene's answer: A parent can disinherit any and all of their children so long as the parent possesses the requisite mental capacity and is not under any undue influence, duress or coercion. Simply put, a person can leave his or her assets to whomever he or she wishes. The only person you cannot omit is a spouse without the spouse's consent.

"We lived in North Dakota before moving to Wisconsin. Is our ND will (2001) valid in Wisconsin or does it need to be redone? I note that the will cites ND statutes, hence my question."

Gene's answer: As long as the will was validly executed in North Dakota while you were domiciled there, it is a valid will in the State of Wisconsin. It is always a good idea, however, to periodically review your will to make sure it is consistent with your current wishes. If your circumstances have changed, it may be time to update or redo the will.

"My mother and I were named as administrators on my Aunts (mother's sister) will. I do not want to be on the will or receive the gift. OK? Everything was left to Mom and me. I don't want it."

Gene's answer: You can decline to act as a personal representative (executor) of your aunt's estate if were nominated in her will. You should sign a probate document entitled Declination to Serve as Personal Representative or whatever it may be known as in your jurisdiction. Likewise, you can disclaim any or all assets that you are would inherit from her estate. To be a qualified disclaimer, it must be in writing, the property being disclaimed must be identified, the written disclaimer must be delivered to person or entity that is charged with the obligation to transfer the asset, and must be disclaimed within 9 months from the date of death. You cannot have accepted any portion of the disclaimed asset, and you cannot direct to whom the disclaimed asset will go. You should consult a probate attorney who can give you more specific advice with the facts of your particular situation.