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Is it, in your opinion, ethical to leave a long estranged son out of my estate plan/will? He maintains occasional contact with his siblings and his mother (ex-wife), has moved across the country (USA) and refuses to allow me to know his address or speak to me. Of course I love him so it breaks my heart but his extreme judgemental attitude, is disregard to context, seems unlikely to change.
We (especially his mom) did “spoil” this lad with top notch schools, new cars, etc. His animosity toward me is based on our divorce after 40 years of marriage. His mom (my ex) and I divorced in a relatively amicable way, and she almost certainly will leave him at least a million dollars. If I divided my estate evenly among my kids he would inherit a bit over a million dollars.
Ethically you can cut out nearly anyone you want other than surviving spouses who depend on your support and minor kids.
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- 8 months ago
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Where I live the no contest clause actually can, in effect, reduce a bequest to less than nothing. Here our will contest statute has a fee shifting provision, so that someone who contests a will and loses can be forced to pay the other side's legal fees. Judges here are known to implement that rule-they don't like will contests.