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Question about making out a will (family-related; not procedural) (1 Viewer)

Raider Nation

Raider Nation

Devil's Advocate
Let's say that someone has no children, but has many nieces and nephews. Let's say that some of those nieces and nephews are absolutely great kids of whom any uncle would be proud. Let's say that some of his other nieces and nephews have never shown one ounce of interest in or gratitude for their handsome and talented uncle, and it's like asking for a kidney to get even one word - kind or otherwise - out of them. And maybe still another nephew (wonderful young man) is in his late-20's and makes a great living; i.e., he's very well off and needs no financial support.

Does the uncle just suck it up and leave all of his nieces and nephews an equal cut?

Or maybe the uncle leaves all of his money to a local animal shelter instead?

 
The uncle does whatever he feels like doing - it's his stuff and his nieces and nephews are not entitled to any of it just by default.

 
Why would you give anyone anything after you died that you wouldn't give them while alive? If they all called you and asked for a couple grand, which would you help out? Those are the ones that should be in your will IMO.

 
Is there a formal reading of the will where some of them realize they got the shaft, or does a check just show up in the mail unexpectedly?

 
That someone even asks makes them a good dude. Empathy and sympathy are wonderful, the risk of indulgence weighs negatively on the scale.

Measure it carefully, and use your judgment. Best of luck.

 
Don't worry, I plan on annoying y'all for many years to come. But I'm in my 40's. I figure making out a will is a responsible thing to do, especially given the family history of heart disease.

 
Raider Nation said:
Don't worry, I plan on annoying y'all for many years to come. But I'm in my 40's. I figure making out a will is a responsible thing to do, especially given the family history of heart disease.
Click to expand...
Raider Nation said:
Don't worry, I plan on annoying y'all for many years to come. But I'm in my 40's. I figure making out a will is a responsible thing to do, especially given the family history of heart disease.
Click to expand...
The ones that hate you will hate you more..the ones that love you will love you more.

 
Id cut the black sheep.

I'd include the well off one too if you like him.maybe at a smaller level,and let him know why in the will.

 
Raider Nation said:
Let's say that someone has no children, but has many nieces and nephews. Let's say that some of those nieces and nephews are absolutely great kids of whom any uncle would be proud. Let's say that some of his other nieces and nephews have never shown one ounce of interest in or gratitude for their handsome and talented uncle, and it's like asking for a kidney to get even one word - kind or otherwise - out of them. And maybe still another nephew (wonderful young man) is in his late-20's and makes a great living; i.e., he's very well off and needs no financial support.

Does the uncle just suck it up and leave all of his nieces and nephews an equal cut?

Or maybe the uncle leaves all of his money to a local animal shelter instead?
Click to expand...
Does the older nephew have children yet? (Are you a Great Uncle? - I mean we know you are a 'great' uncle, but do you have multiple generations of nieces and nephews?)

 
The great Fennis estate is going 100% to charity. Nieces and nephews get nothing

 
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Mr. Ected said:
Does the older nephew have children yet? (Are you a Great Uncle? - I mean we know you are a 'great' uncle, but do you have multiple generations of nieces and nephews?)
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No sir. Just a small tribe of nieces and nephews. None of them have children.

 
fantasycurse42 said:
Id cut the black sheep.

I'd include the well off one too if you like him.maybe at a smaller level,and let him know why in the will.
Click to expand...
Maybe give him something more sentimental than financial.

But yeah, like the others said, do what you want and feel is the right thing.

 
Raider Nation said:
Is there a formal reading of the will where some of them realize they got the shaft, or does a check just show up in the mail unexpectedly?
Click to expand...
when we did ours RN, we had to name an executer who would handle the dispersion as we have requested. don't think it would be a formal reading.

also, we left the niece and nephews an equal value but the executer would manage it until they reached a certain age so it wouldn't go to an after party type event. no that it wouldn't even though they reach age, but.....

 
It's your money, do what you want with it. Inheritance isn't owed, it's earned. Exactly like what someone said above, which ones would you be more likely to give a grand to if they asked?

 
We put in our will that if something happened to us and our children then our estate would be equally divided by surviving nephews and nieces. All of which are pretty young (oldest is 13 I believe). No real issues or problems with any of them though some are geographically further from us. If down the road a nephew or niece is clearly out of favor with us or gets into drugs/alcohol etc or some other reason why to, then I would have no problem amending the will to exclude them. Chances are it will not come up either way but it our estate to do as we wish. I don't feel obligated to anyone at all. Luckily, my family both my side and my wife's are pretty decent people and we don't have any major issues where I feel fine with the blanket equal divvy.

 
Surrogate procedure and rules vary state by state. But in general, if you REALLY want to favor a few of your distributees over others, just make that clear and explicit.​
​
ETA: I am not admitted to the BAR, this is not legal advice, just a recomendation.​
 
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